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MHNS010057372022
Order below Exh. 1 in Criminal Bail
Application No. 1364/2022.
1.
This is an application moved by the applicant/accused Piyush
Ashok Malode under section 439 of the Code of Criminal Procedure in
C.R.No. I262/2022 registered against accused at Ambad Police Station for
the offence punishable under sections 302 r/w section 34 of the Indian
Penal Code and section 4/25 of the Arms Act.
2.
It is submitted by the accused that he is resident of the
address. Deceased mother of the applicant and brother are working in the
same company. Mother of the applicant has left the company since 5
years and they have no concern with each other. Remand report reflects
that whatever injury has been caused to the deceased has been made by
juvenile. Merely because the applicant is the friend of the juvenile he has
been falsely implicated. There was no dispute with the deceased to kill
him.
On suspicion he has been arrested.
Investigation has been
completed. Coaccused Sidhant Gaikwad has been released on bail.
Hence, prayed to allow the application.
3.
Say was called of the investigating officer. He has objected
this application on the count that, present accused is the main accused.
T.I. parade is yet to be conducted and communication has been made to
the Tahsildar to that behalf. If the accused is released on bail he will
threaten the witnesses. Chargesheet has been filed and investigation is in
progress under section 173(8) of Cr.P.C.
Accused will destroy the
evidence. Hence, prayed that application be rejected.
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4.
Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for the accused that on perusing the chargesheet it is
seen that there is delay of 7 hours in lodging the report. Recovery has
been made from his of clothes, mobile and motorcycle. Nothing has to be
recovered. Chargesheet has been filed. Weapon is already seized from
juvenile. No T.I. parade has been conducted nor finger prints were taken.
There are no eye witness and on circumstantial evidence chargesheet has
been filed. As coaccused is released on bail on the count of parity he is
entitled to be released on bail.
5.
On the other hand prosecution has objected this application
on the count that present accused is a main accused. There were blood
stains on the clothes of the accused. Even blood stains were seen on the
handle of motorcycle. Chance witness has stated the description of the
accused.
It is natural that accused will get statement about the
involvement of other accused and the memorandum panchanama only be
read with respect to recovery of the weapon. Hence, prayed that offence
is serious bail be rejected.
6.
On perusing the FIR it is seen that information was given
about the assault caused to the deceased to the police. On perusing the
chargesheet it is seen that there is recovery of the motorcycle at the
instance of the present accused.
Furthermore, it is the case of the
prosecution that mother of the accused and the deceased had love relation
due to which the present accused had grudged against the deceased. It is
contended by the Advocate for the accused that injury is caused by
juvenile offender by weapon. However, it appears that at the instance of
the present accused they had agreed to assault the deceased. Though it is
contended by the Advocate of the accused that the role attributed to the
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present accused is similar to the accused who is granted bail.
I have
perused the bail order of accused Sidhant Gaikwad wherein it was
observed that no active participation was made by him except for helping
the accused in coming to the spot and fleeing from the spot. In such
circumstances it cannot be said that the present accused has committed
similar act as present accused has planned to commit offence. Accused has
purchased the weapon i.e. knife and gave it to juvenile offender for
assaulting. In such circumstances it cannot be said that no major role has
been committed by the present accused. Accused has been charged with
serious offence. There is every possibility that accused will threaten the
witnesses. Hence, I am not inclined to released present accused on bail.
Hence, I proceed to pass the following :
ORDER
Application is hereby rejected.
VAISHALI S
MALKALPATTEREDDY
Nashik.
Date : 11/11/2022.
Digitally signed by
VAISHALI S
MALKALPATTEREDDY
Date: 2022.11.14
12:01:18 +0530
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.