15-ba-1377-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.1377 OF 2021

Swapnil Shankar Gaikwad

... Applicant

Vs.

The State of Maharashtra

... Respondent

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Mr.Aniket V. Nikam for the Applicant.

Mr.Y.Y. Dabke, APP for the Respondent –State.

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CORAM : C.V. BHADANG, J.

DATE : 5 JANUARY 2022

(Through Video Conferencing)

P.C.

.

The Applicant (Accused No.26) along with co-

accused is facing prosecution for the offence punishable under

Section 302, 307, 323, 324, 326, 142, 147, 148, 149, 504 and

506 of the Indian Penal Code.

2.

The prosecution case as disclosed from the complaint

lodged by Ramesh Gaikwad is that on 31 May 2020 at about

9.00 p.m. there was an incident in which one Ajit Lahnu

Gaikwad and Sachin Gaikwad had come on their pulsar motor-

cycle where the children of the cousin brother of the complainant

namely Nitin Gaikwad were playing. The complainant tried to

N.S. Kamble page 1 of 5

NILAM

SANTOSH

KAMBLE

Digitally signed

by NILAM

SANTOSH

KAMBLE

Date: 2022.01.07

16:34:49 +0530

15-ba-1377-2021

persuade Ajit Gaikwad and Sachin Gaikwad to drive slowly where

upon an altercation and incident of abuse and threatening took

place which is the genesis of the incident which happened shortly

thereafter in which one Lahnu Gaikwad and others are alleged to

have formed an unlawful assembly. The complaint dated 31 May

2020 lodged by Ramesh Gaikwad shows that the present

Applicant came on the spot in an Ertiga vehicle of one Pravin S.

Gaikwad. The gravamen of the allegations made in the

complaint dated 31 May 2020 are against Lahanu Gaikwad

having assaulted the deceased Bhimaji Gaikwad by an iron rod on

his head. There are also allegations about other members of the

assembly including Sanket Gaikwad, Rushikesh Gaikwad, Sachin

Gaikwad and Kunal Gaikwad having assaulted other members of

the rival group. The complainant also suffered injury in the

incident.

3.

Bhimaji Gaikwad was carried to the hospital and he

died on 6 June 2020 during treatment. Incidentally an offence of

rioting with Section 326 of the Indian Penal Code was initially

registered and on the death of Bhimaji Gaikwad, the offence

under Section 302 of IPC was added and after investigation a

charge-sheet is filed. There are in all 27 accused in the matter

and the present applicant happens to be accused No.26.

N.S. Kamble page 2 of 5

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4.

I have heard the learned counsel for the Applicant

and the learned Additional Public Prosecutor. With the assistance

of the learned counsel for the parties I have gone through the

record.

5.

The learned counsel for the Applicant has submitted

that in his complaint recorded on 31 May 2020, the complainant

has not attributed any overt act to the Applicant except that the

Applicant had come on the spot. It is only in his supplementary

statement recorded on 6 June 2020, after the death of Bhimaji

Gaikwad there is an allegation about the deceased, being assulted.

It is pointed out that although it is claimed that there were

multiple persons who had assaulted deceased with different

weapons, the Postmortem report shows only one head injury.

6.

The learned counsel pointed out that the co-accused

Pravin Gaikwad was granted anticipatory bail by the learned

Sessions Judge and the co-accused Sanket Gaikwad, Rushikesh

Maruti Gaikwad, Sachin Sailas Gaikwad and Kunal Sharad

Gaikwad have been granted bail by this Court by order dated 7

June 2021 in Criminal Bail Application No.1180 of 2020.

7.

The learned Additional Public Prosecutor has

pointed out that apart from complainant there are 7 to 8

witnesses including Akshay Gaikwad, Ramesh Gaikwad and

N.S. Kamble