Advocates:
['MAHESH VASANT RAI', '', 'NAINA P DHOKE', 'APP']

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10-aba-504-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL APPLICATION (ABA) NO. 504 OF 2022

Tanbaji s/o Yeshwant Zade and another Versus State of Maharashtra, thr. PSO., P.S.

Sindi (Railway), Wardha.

Office Notes, Office Memoranda of

Court's or Judge's Order

Coram, appearances, Court's Orders

or directions and Registrar's order

Shri M.V.Rai, counsel for the applicants.

Shri S.D.Sirpurkar, A.P.P. for the non-applicant/State..

CORAM : ANIL S. KILOR, J.

DATED : 02/08/2022

1.

The applicants are seeking pre-arrest bail in

connection with Crime No.103/2019 , registered with Police

Station, PSO Sindi (Railway), District Wardha, for the

offences punishable under Sections 302, 326, 324 and 34

of the Indian Penal Code.

2.

In this case, the FIR was registered on

07/05/2019 for the offence punishable under Section 324

read with Section 34 of the Indian Penal Code, in

connection with which bail was granted to the applicants on

08/05/2019. On 09/05/2019 i.e. a day after the bail was

granted to the applicants, the injured Raju Talwekar died

and Section 302 of the Indian Penal Code came to be

added.

3.

On 08/05/2019, the Investigating Officer

made an application before Judicial Magistrate First Class,

Seloo, for cancellation of bail granted to the applicant. The

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10-aba-504-2022.odt

said application was rejected and the Revision was preferred,

bearing No. 29/2019 which is pending on the file of learned

Sessions Court.

4.

In the meantime, the charge-sheet was filed

before the Judicial Magistrate First Class, Seloo, who

committed the same to the learned Sessions Court on

16/10/2020 and after issuance of summon, the applicants

appeared and thereafter they attended the Court regularly.

The applicants, thereafter, moved an

application apprehending their arrest, in the event, the

Revision is decided against them. While considering the

said request, the learned Sessions Court has observed that

after the injured has succumed to injuries, Sections 326 and

302 of the Indian Penal Code were added and despite the

remedy available with the applicants, they have not available

the same and they continued to be on bail. It was observed

that after the addition of Sections 326 and 302 of the

Indian Penal Code, the applicants/accused ought to have

surrendered and they should have applied fresh application

for bail in the offence under Section 326 and 302 of the

IPC

5.

In the above referred factual matrix, the

learned Sessions Court rejected the bail application of the

applicants.

6.

The learned counsel for the applicant,

therefore, submits that, the applicants are on bail from last

three years and there is no complaint about misuse of liberty

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10-aba-504-2022.odt

by the applicants. It is pointed out that, the charge-sheet has

already been filed.

7.

It is submitted that, in the circumstances,

rejection of bail application for grant of pre-arrest bail by the

learned Sessions Court for the offences punishable under

Section 302, 326, 324 read with Section 34 of the Indian

Penal Code is illegal and accordingly, he prays for grant of

pre-arrest bail in the said crime.

8.

On the other hand, learned APP strongly

opposed the present application and submits that the

findings recorded by the learned Sessions Court is just and

proper and for the lapses on the part of the applicants, as

observed by the learned Sessions Court, this Court may not

consider the request of the applicant.

9.

I have perused the record, charge-sheet and the

orders passed by the learned trial Court granting bail and

rejecting the subsequent application of the applicant for

grant of pre-arrest bail.

10.

In this case, admittedly, the applicants are on

bail from last about three years and during this period, the

charge-sheet has been filed. Moreover, the revision against

the order rejecting the application for cancellation of bail is

pending