10-BA.352-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO.352 OF 2021

Hambardya @ Hambarde Nansha Kale

..Applicant

Vs.

The State of Maharashtra

..Respondent

----

Mr.R.G.Hange, Advocate for applicant

Mr.P.N.Kulkarni, APP for respondent

----

CORAM : R.G. AVACHAT, J.

DATE : MAY 27, 2021

(Vacation Court)

PER COURT :-

Heard.

2.

This is an application for bail under Section

439 of the Code of Criminal Procedure. The applicant

has been arrested on 19.02.2021 in connection with

Crime No.0124 of 2004 registered with Ashti Police

Station, Ashti, Dist. Beed, for the offences punishable

under Sections 147, 148, 324, 323, 504 and 304 read

with Section 149 of the Indian Penal Code.

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3.

Heard. Perused the papers of investigation

and related papers.

4.

Learned APP urged for rejection of the

application on the ground of the applicant having

been absconding years together.

5.

The offence dates back to December, 2004.

It has been alleged in the FIR that a meeting of the

elders in the community was held at the house of the

informant in the afternoon on 03.12.2004. After the

meeting was over, Balya, Dasha, Vavhlya, Nansha,

Hambardya (applicant) and Gogi came together. They

abused the informant on the ground that they have not

been invited for the meeting. All of them were armed

with sticks. The informant's sons, Rankhamb and

Ramesh, intervened. Thereupon, Vavhlya (co-accused)

assaulted Ramesh on his head with an axe. Lalya

assaulted Ramesh with stick, while others including

applicant, assaulted them with stones. The informant

and Shrimant Bhosle suffered head injuries. Meena,

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wife of Shrimant, came there. Her one year old child

namely, Nishchay was in her arms. Meena intervened.

Thereupon, Balya attempted to assault Meena with

stick blow. The stick, however, hit Nishchay. It

appears that initially, crime was registered for the

offences under Sections 147, 148, 324, 323 and 504

and 304 read with Section 149 of the Indian Penal

Code. Lateron, Nishchay died. Section 304 of IPC,

therefore, came to be invoked.

6.

The allegations in the FIR show that the

applicant is alleged to have assaulted the informant

and her sons with stone. No particular overt-act has

been attributed to him. True, the applicant was

absconding years together. On completion of

investigation, the charge-sheet was filed. The co-

accused Dasha and Jijaba were prosecuted for the very

offence. Both of them have been acquitted on the

ground of the informant and the eye witness, PW – 2

Rankhamb, did not support the prosecution.

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7.

The applicant is behind the bars since

19.02.2021. Considering the allegations in the FIR

and subsequent acquittal of the co-accused on the

ground of the informant and one of the eye witnesses

to have not supported the prosecution, I am inclined

to grant the applicant bail.

8.

Hence, the following order :-

(i)

The application is allowed.

(ii)

The applicant be released on executing P.R.

Bond in the sum of Rs.15,000/- (Rupees Fifteen

Thousand) with one surety in the like amount, in

connection with Crime No.0124 of 2004 registered with

Ashti Police Station, Ashti, Dist. Beed, for the

offences punishable under Sections 147, 148, 324,

323, 504 and 304 read with Section 149 of the Indian

Penal Code.

(iii)

The applicant shall not tamper with the

prosecution evidence in any manner.

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(iv)

The applicant shall report to the concerned

police station as and when required.

[R.G. AVACHAT, J.]

kbp