BA-1054-22+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 1054 OF 2022

Yogesh Sarjerao Khandagale

..APPLICANT

VERSUS

State of Maharashtra

..RESPONDENT

WITH

BAIL APPLICATION NO. 668 OF 2022

Parmeshwar Babasaheb Khandagale

..APPLICANT

VERSUS

State of Maharashtra

..RESPONDENT

....

Mr. K.D. Jadhav, Advocate a/w Mr. V.L. Bhange, Advocates for applicant in

BA/1054/2022

Mr. A.K. Bhosle, Advocate for applicant in BA/668/2022

Mr. N.T. Bhagat, A.P.P. for respondent - State

....

CORAM : R.G. AVACHAT, J.

DATE : 29^th JULY, 2022

PER COURT :

1.

Both these applications for bail under Section 439 of Code of

Criminal Procedure are being decided by this common order since they are

arising from one and the same crime. The applicants have been arrested in

connection with Crime No. 505 of 2021 registered with M.I.D.C. CIDCO

Police Station, Dist. Aurangabad for the offence punishable under Section 302

read with Section 34 of the Indian Penal Code.

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2.

Heard. Perused the First Information Report (“F.I.R.”) and

related police papers.

3.

The F.I.R. has been lodged by son of the deceased, Sudam

Shinde, on 08^th December, 2021. It is averred in the F.I.R. that the deceased

was alcoholic. He left home at 09.30 a.m. on 06^th December, 2021 for

hospital at Aurangabad. He however, did not return home. A dead body of

the informant’s father was found in a field behind Sahara City. On having

learnt the same, the informant went to the site. He identified the dead body

of his father. It was found that head of the deceased was smashed with a

stone. A blood stained stone was lying by the side of the dead body. The

informant, therefore, lodged the F.I.R. alleging some unknown person has

murdered his father for some unknown reason.

4.

The crime was investigated. It was found during investigation

that the applicants and the deceased were together in the afternoon of 06^th

December, 2021. They purchased liquor bottle from a wine shop and

consumed the same together. Applicant – Parmeshwar was seen in a C.C.T.V.

footage purchasing/taking petrol for his motorbike at a petrol pump in the

vicinity of the seen of offence. The applicants, therefore, came to be

apprehended. During interrogation, they confessed to have murdered

Babanrao Shinde.

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5.

Learned counsel for the applicants would submit that the case is

based on circumstantial evidence. There is no chain of circumstances

pointing towards the guilt of the applicants. Mere last seen theory would be

of little consequence. The applicants have been behind the bars since 11^th

December, 2021. The charge-sheet has been filed. They, therefore, urged for

grant of the applications.

6.

Learned A.P.P. would, on the other hand, submit that it is a

serious offence. The applicants and deceased were together sometime before

the deceased was killed. Same indicates the applicants’ involvement in the

crime in question. He, therefore, urged for rejection of the applications.

7.

Considered the submissions advanced. The F.I.R. has been

lodged against an unknown person. The case is based on circumstantial

evidence. The deceased was alcoholic. He had left the house by 09.30 in the

morning of 06^th December, 2021 for Aurangabad. He however, did not return

home. His dead body was found in a field behind the Sahara City. His head

was smashed with stone. The prosecution relied on the C.C.T.V. footage

recorded in a C.C.T.V. camera installed at a petrol pump in the vicinity of the

seen of the crime. As per the said C.C.T.V. footage, Applicant - Parmeshwar

was seen taking petrol in his motorbike by little past 04.00 p.m. Then there

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is statement of a salesman of the country liquor shop recorded on 13^th

December, 2021. As per his statement, in the afternoon of 06^th December,

2021 two persons had come to the shop. They bought a liquor bottle and

consumed the same just outside the shop and then w