935-BA-1040-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 1040 OF 2022

1. Yuvraj Dohanya Pawara

(withdrawn by Court’s order)

2. Suresh Dohanya Pawara

..APPLICANTS

VERSUS

State of Maharashtra

..RESPONDENT

....

Ms. S.T. Kazi, Advocate for applicants

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

....

CORAM : R.G. AVACHAT, J.

DATE : 26^th AUGUST, 2022

PER COURT :

1.

Bail application of applicant – Yuvraj Dohanya Pawara has

already been disposed of as withdrawn vide order dated 27^th July, 2022.

2.

This is an application for bail under Section 439 of Code of

Criminal Procedure. The applicant has been arrested in connection with

Crime No. 251 of 2021 registered with Mhaswad Police Station, Dist.

Nandurbar for the offences punishable under Sections 302, 307, 201, 504,

506, 120B read with Section 34 of the Indian Penal Code.

3.

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

related police papers.

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935-BA-1040-22.odt

4.

The F.I.R. has been lodged on 20^th June, 2021 by one Himmat

Pawara. The incident took place on 18^th June, 2021 by 08.30 p.m. Applicant

– Suresh is a cousin of the informant – Himmat. On the given day, the

applicant and the co-accused – Yuvraj alongwith father of the informant had

been to the house of Dohanya Pawara, grandfather of the informant, for

effecting partition of family land. A quarrel ensued amongst them. It is

alleged that co-accused – Yuvraj was armed with an axe. The applicant –

Suresh had with him an iron rod. Another co-accused – Dohanya was armed

with a wooden log. The trio had assaulted Sambhaji, father of the informant.

It is also alleged that co-accused – Yuvraj assaulted on the head of Vansing

Pawara, brother of the informant, with an axe. The applicant – Suresh is

alleged to have pierced the iron rod in the stomach of Vansing. There are two

other injured as well. Sambhaji was allegedly assaulted by Suresh with an

iron rod. As a result of the injuries suffered, Vansing died. Others suffered

grievous injuries.

5.

Learned counsel for the applicant would submit that the

informant is not an eye witness to the incident. In support of such claim, she

has relied on the statement of wife of the deceased viz. Sunitabai. As per her

statement, the informant, having seen the incident, had fled.

6.

The postmortem report is also adverted to indicate that no injury

had been suffered by the deceased at his stomach. According to learned

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counsel, the applicant has been behind the bars for about fifteen months. The

trial has not yet commenced. She, therefore, urged for grant of bail

considering the applicant’s role in the alleged offence.

7.

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

of murder of one and assault on the life of two others. He relied on the injury

certificates of the others to submit that they suffered grievous injuries at the

hands of the applicant herein. Statement of Sunitabai has also been placed

on record. According to him, there is eye witness account. The applicant,

therefore, does not deserve grant of bail.

8.

Considered the submissions advanced. The fatal injury has been

attributed to co-accused – Yuvraj. The applicant herein is alleged to have

pierced an iron rod in the stomach of the deceased. The postmortem report

is silent to indicate the deceased to have suffered stomach injury. Vansing

suffered grievous injuries at the hands of the applicant – Suresh. The fact is

that the applicant is behind the bars for little over fifteen months. The

charge-sheet has been filed. Trial has not yet commenced. The fatal injury

has not been attributed to the applicant herein.

9.

In view of above, the application deserves to be allowed. Hence

I pass the following order :-

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935-BA-1040-22.odt

ORDER

(I)

The bail application of applicant - Suresh Dohanya Pawara

is allowed.

(II) The applicant - Suresh Dohanya Pawara be released on

bail, i