1 of 5 17.APEAL.789.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.789 OF 2021

Sandeep Parshuram Koli, Age 44 years,

Occ.Fisherman, R/o.Middle Lane,

Manori Koliwada, Manori Gaon,

Malad (W) (Presently in Taloja Jail)

Appellant

versus

1. The State of Maharashtra

2. Sachin Jayram Dhangde

Respondents

Mr.Nilesh Pawaskar i/by Ms.Sudha Dwivedi with Irfan Khan and

Khusbu Jain, Advocate for appellant.

Mr.S.R.Nargolkar with Mr.Arjun Kadam, Advocate for respondent

no.2.

Ms.S.D.Shinde, APP, for State.

CORAM : A.S.GADKARI AND

PRAKASH D.NAIK, JJ.

DATE : 6^th December 2022

PC :

1.

By present appeal under Section 14 of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989, Appellant has

impugned Order dated 2^nd September 2020 passed below Exhibit-4 in

Special Case No.241 of 2020, rejecting his application for bail in the

said case.

2.

Heard Mr.Pawaskar, learned counsel for Appellant,

Smt.Shinde, learned APP for State and Mr.Nargolkar, learned counsel

appointed to represent Respondent o.2. Perused record.

MANISH

SURESH

THATTE

Digitally signed by

MANISH SURESH

THATTE

Date: 2022.12.13

10:07:44 +0530

2 of 5 17.APEAL.789.2021.doc

3.

The appellant is original accused no.2 in C.R No.16 of 2020

registered with Gorai Police Station, Mumbai dated 12^th April 2020

for offences punishable under Sections 302, 201 r/w 34 of Indian

Penal Code and under Section 3(2)(v) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the basis of

complaint lodged by Vishal Jagtap, Police Sub Inspector attached to

said Police Station.

4.

The name of the deceased is Bhikar Jayram Dhangade. The

date of finding of his dead body is 23^rd April 2019 at about 9.30 am

and the place was in the marshy land of Gorai Creek.

It is the prosecution case that, accused no.1 namely Sanio

Pasco Kini @ Shano was having illicit relations with Smt.Malti

Dhangade i.e. wife of the deceased. That, with a view to eliminate

the obstruction of deceased in their illicit relations, the accused no.1

Sanio Pasco Kini @ Shano sharing common intention with accused

no.2/Appellant, on 22^nd April 2019 between 7.30 pm till late in the

night moved with the deceased to consume liquor and subsequently

assaulted him and took him behind the bungalow of James Lobo at

Manthanpada, Manori Village, Malad (West). The accused again

forced the deceased to drink beer. Subsequently the accused

covered/rolled the body of deceased in a mat and killed him by

running over a vehicle on the said mat roll. It is alleged that the

3 of 5 17.APEAL.789.2021.doc

appellant has helped accused no.1 in the entire act.

5.

Initially Accidental Death Report No.6 of 2019, dated 23^rd April

2019 was registered by Police and during the course of said inquiry it

was revealed that death of the deceased was not accident but

murder. Therefore present FIR was registered. During the course of

investigation Appellant has been arrested on 12^th April 2020.

6.

Perusal of charge sheet indicates that accused no.1 was last

seen together with the deceased on 22^nd April 2019 till late in the

night. The witness Mr.Raini Tairipasco in his statement has stated

that the accused no.1 along with co-accused and the deceased

consumed liquor at his residence. He identified the Appellant and

the co-accused when Police showed the photographs of them. Then

Police showed him one photograph, which he identified as the

person with whom deceased had consumed drinks with co-accused

on 22^nd April 2019. Thereafter Police informed him that appellant is

one of the accused in the present crime.

The witness namely Joy Lakari in his statement has stated that

accused no.1 Sanio Kini gave him extra judicial confess