Advocates:
['SHETE GAJANAN S', '', 'MAHAJAN SUDHAKAR T', 'COPY SERVED ON P P']

BA-715-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 715 OF 2022

1. Ganesh Rohidas Wankhede

Age: 21, Occu. Labour,

R/o Hanuman Nagar, Sillod,

Tq. Sillod, Dist. Aurangabad

2. Sumit @ Swapnil @ Sumedh Vijay Sutar

Age: 21, Occun: Labour,

R/o Ayodya Nagar, N-7,

Aurangabad

..APPLICANTS

VERSUS

State of Maharashtra

Through Sillod Police Station,

Tq. Sillod, Dist. Aurangabad

..RESPONDENT

WITH

BAIL APPLICATION NO. 899 OF 2022

Vaibhav Baburao Wavhal

Age: 19 years, Occu.: Labour,

R/o Ranjangaon,

Tq. & Dist. Aurangabad

..APPLICANT

VERSUS

State of Maharashtra

Through Sillod Police Station,

Tq. Sillod, Dist. Aurangabad

..RESPONDENT

....

Mr. S.T. Mahajan, Advocate for applicants in BA/715/2022

Mr. V.B. Patil, Advocate for applicant in BA/899/2022

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

....

CORAM : R.G. AVACHAT, J.

DATE : 21^st JULY, 2022

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BA-715-22.odt

PER COURT :

1.

Both these applications for bail under Section 439 of Code of

Criminal Procedure, are taken up together since they arise from one and the

same crime i.e. Crime No. 1 of 2022 registered with Sillod City Police Station,

Dist. Aurangabad. The applicants in Bail Application No. 715 of 2022 have

been alleged to have committed the offence punishable under Sections 302,

201 read with Section 34 of the Indian Penal Code, while the applicant in Bail

Application No. 899 of 2022 is alleged to have assisted them in causing

disappearance of evidence of the offence of murder.

2.

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

related police papers.

3.

The F.I.R. has been lodged by mother of the deceased. It is

alleged in the F.I.R. that the informant had two sons and a daughter. The

daughter is married. Applicant – Ganesh is one of her sons. Deceased – Amol

was another son. Amol was heavily addicted to alcohol. He would always

harass the informant. The informant, therefore, would go to her neighbour’s

house for overnight stay. On 07^th December, 2021 Amol had come drunk.

There was quarrel between him and the applicant – Ganesh. Co-applicant –

Sumit is the friend of Ganesh. Ganesh had attempted to assault Amol with a

brick. Amol had threatened him for taking a revenge. In the evening Amol

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BA-715-22.odt

returned home drunk. The informant served Ganesh and his friend Sumit

meal. She also served Amol meal and went to the neighbour’s house. On the

following morning when the informant came home, she found Amol not at

home. Ganesh, in turn, informed her that Amol left the house for work.

4.

It is alleged in the F.I.R. that on 02^nd January, 2022 daughter of

the informant – Komal and her husband had come home. Both, Ganesh and

Sumit made an extra judicial confession before them that they strangled Amol

and dumped his body in a dilapidated house near Savata Mali mandir at

Ranjangaon. The informant, therefore, lodged the F.I.R. against both, Ganesh

and Sumit. It was found during investigation that applicant – Vaibhav had

assisted the duo in causing disappearance of evidence of the offence of

murder.

5.

Learned A.P.P. would submit that both, Ganesh and Sumit made

an extra judicial confession. It was made to close relations. There is,

therefore, no reason to doubt the same. The offence is serious one. Learned

A.P.P. would, therefore, urged for rejection of the applications.

6.

Learned counsel for the applicant (Bail Application No.899 of

2022) would submit that applicant – Vaibhav is not involved in the offence of

murder. He is alleged to have assisted both the co-accused in causing

disappearance of the evidence of murder. According to him, the charge-sheet

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BA-715-22.odt

has been filed. It will take time for commencement of trial and conclusion

thereof. He, therefore, urged for grant of application of Vaibhav.

7.

Learned counsel for the applicants (Bail Application No. 715 of

2022) would submit that except an extra judicial confession there is n