58-BA-1251-202

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1251 OF 2021

Deepak Ganesh Bhandwalkar

...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Priyal Sarda, for the Applicant

Mr. A.A. Palkar, A.P.P for the Respondent–State

CORAM : REVATI MOHITE DERE, J.

DATE : 27

th September, 2021

P. C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicant seeks his enlargement

on bail in connection with C.R. No. 281 of 2018 registered with the

Saswad Police Station, Pune, for the alleged offences punishable

under Sections 302, 307, 143, 145, 147, 148, 149 of the Indian

Penal Code.

3.

Learned counsel for the applicant seeks bail on the

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ground of parity. He submits that identically placed co-accused

Mayur alias Mahesh Ramesh Borade, has been enlarged on bail by

this Court (Coram: Revati Mohite Dere, J.) vide order dated 4^th March

2021, in Criminal Bail Application No. 3455 of 2019. He submits

that the applicant has no antecedents.

4.

Learned APP does not dispute the fact, that the role of the

applicant is identical to that of co accused- Mayur alias Mahesh

Ramesh Borade. Learned APP also does not deny the fact, that the

applicant has no antecedents.

5.

Perused the papers. The incident is alleged to have taken

place on 31^st July 2018. According to the prosecution, the applicant

along-with other co-accused formed an unlawful assembly and

assaulted the deceased - Santosh. The reason for assault is stated to

be previous enmity between the deceased- Santosh on one hand and

Dadaso Katke and Dattatray Katke on other. It is alleged that due

to the said enmity, Santosh was called by the co accused, pursuant to

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which Santosh and the complainant- Sadhu went to the said spot.

According to the prosecution, Dadaso Katke, Bharat Gaikwad and

Hemant Gaikwad pointed a country made revolver at Santosh. It is

alleged that the complainant snatched the revolver from one of the

accused, as a result of which, Dattatray Katke, Bharat Gaikwad and

Hemant Gaikwad held the complainant and Balu Gaikwad assaulted

him with a stone on his head. It is alleged that thereafter, all the

accused assaulted him with fist and kick blows. According to the

complainant, Dadaso Katke and Hemant Gaikwad fired at Santosh, as

a result of which he fell down, after which Deepak Bhandwalkar

(applicant), Mayur, Akshay Gaikwad and Aadesh Pawar assaulted

Santosh with stones. In the history given to the doctor, the

complainant has stated that “assault/injury by unknown persons at

around 10.00 p.m. in Bhivari, Taluka- Purandar, District Pune on 31^st

July 2018.” It appears that although the FIR is lodged as against 10

persons, in the supplementary statement, 5 more persons have been

added by the complainant.

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6.

It is pertinent to note that there are eye-witnesses to the

said incident and that the statements of the eye- witnesses have been

recorded, both under section 161 of Cr.P.C. as well as under Section

164 of Cr.P.C. Prima facie, there appears to be some discrepancies

between the 161 statements as well as the 164 statements of the said

witnesses. Infact, one of the eye-witness i.e. Akshay Limbhore has

given a completely different version i.e. the deceased- Santosh and

his father ( complainant) were the aggressors. It appears that some

of the co-accused were released on bail by this Court. A perusal of

the order dated 2^nd August 2019, passed by this Court (Coram:

Sarang V. Kotwal, J.) enlarging co-accused – Aadesh Shivaji Pawar

and order dated 12^th February 2020 (Coram:Prakash D. Naik, J.)

enlarging co-accused – Mohan Laxman Gaikwad, show that the role

of the applicant is similar to that of the said co-accused, who have

been released on bail. Learned APP does not dispute the same.

7.

Considering th