BA-1645-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO. 1645 OF 2022

Suraj Rajendra @ Rajaram Sutar

...Applicant

Versus

The State of Maharashtra

...Respondent

….

Ms. Shubhangi Parulekar, Advocate for the Applicant.

Mr. N. B. Patil, APP for the Respondent – State.

API Vinayak Devkar, Paud Police Station, present.

CORAM

: PRAKASH D. NAIK, J.

DATE OF RESERVING ORDER

: 14^th OCTOBER, 2022

DATE OF PRONOUNCEMENT OF ORDER: 19^th DECEMBER, 2022

PER COURT

:

1.

The applicant is arrested on 2^nd July, 2021 in C. R. No. 445 of

2019 registered with Paud Police Station, Pune, for offences

punishable under Sections 143, 147, 148, 149, 302, 427, 323

Indian Penal Code and 4, 27 of Arms Act, and 37(3), 135 of the

Maharashtra Police, 1951 Act.

2.

The case of the prosecution is as follows:-

i.

The First Information Report was registered by Mahesh

Raghunath Satav alleging that one Ganesh Dhedge was murdered

in 2016. Pratik Prashant Satav (deceased) and the complainant

were witnesses in the said case. Hence Kiran Balasaheb Satav and

Sameer Balasaheb Pandhre had grudge against them. The

complainant had booked a new car. The delivery was to be given

Kiran Kawre

1 of 7

KAWRE

KIRAN

KALYAN

Digitally

signed by

KAWRE KIRAN

KALYAN

Date:

2022.12.19

18:48:32

+0530

BA-1645-2022.doc

on 8^th October, 2019. At about 11.00 a.m., the complainant and his

friends Shubham Sanjay Satav, Pradeep Shashikant Raut, Pratik

Prakash Satav had visited the showroom at Wakad. They took the

possession of the car. The complainant and Pratik Satav left

together in the new car. The complainant was driving the car. They

were followed by Shubham Sanjay Satav on his motorcycle. On the

way they met complainants cousin Ajit Satav. He informed the

complainant that he should go home and bring his mother and

sister-in-law for performing Pooja of vehicle. The complainant and

Pratik went towards Savta Mali Nagar. At about 3.00 p.m., they

reached near Sonali poultry farm. They were blocked by tractor

coming from the opposite direction. Ranjeet Madhukar Kalamkar

was driving the tractor. The complainant was required to stop the

car. They were followed by Santro Car. Kiran Balasaheb Satav and

others got down from Santro car. Kiran Balasaheb Satav was

carrying sickle, Sameer Balasaheb Pandhre, Kiran Shivaji Kalamkar,

Mahesh Davre were also carrying sickle. Ranjeet Madhukar

Kalamkar got down from the tractor with iron sickle. Two unknown

persons were accompanying the accused and they were also armed

with sickles. Kiran Balasaheb Satav banged the sickle on the front

screen of the car and broke the front screen of car. The accused

pulled Pratik Satav out of the vehicle and all of them assaulted him

Kiran Kawre

2 of 7

BA-1645-2022.doc

with weapons. The complainant got down from the vehicle and

tried to intervene. He was assaulted with fist blows. He was chased

by the accused with weapons in their hand. Shubham Sanjay Satav

came to the spot with father of Pratik. Sister of Pratik also came to

the spot. The accused ran away from the spot. Pratik Satav

succumbed to injuries. He was declared dead. Investigation

proceeded statements of witnesses were recorded. Charge-sheet

was filed.

3.

The applicant preferred an application for Bail before the

Court of Sessions. The said application was rejected vide Order

dated 1^st December, 2021.

4.

Learned Advocate for the applicant submitted that, the

applicant has been falsely implicated in this case. The applicant is

not named in the FIR. He was arrested on suspicion. The name of

the applicant was referred to in the supplementary statements of

witnesses. The version of the witnesses in the supplementary

statements is in the nature of hearsay. The identification parade

was conducted on 24^th December, 2021, although the applicant was

arrested on 2^nd July, 2021. The