Sandip Balwnat Yadahv v. The State of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3083 OF 2024 Sandip Balwant Yadav .Applicant Versus The State of Maharashtra .Respondent Mr. Satyavrat Joshi a/w. Ms. Reena Prajapati, Advocate, for the Applicant Ms. R. V. Newton, APP, for the Respondent – State Mr. Sanjeev Kadam a/w. Mr. Prashant Raul & Mr. Mayur Sanap i/b. Ms. Varsha Thorat, Advocate, for the Complainant/Intervenor ______________________________________________________________ CORAM : MADHAV J. JAMDAR, J.

DATE : 02.09.2024 P. C.

¶1Heard Mr. Joshi, learned Counsel for the Applicant, Ms. Newton, learned APP for the Respondent – State and Mr. Kadam, learned Counsel for the Complainant/Intervenor.

¶2This is an Application filed under Section 439 of the Code of Criminal Procedure, 1973 for regular bail. The relevant details are as under:- C. R. NO. 107 of 2023 Date of Registration of F.I.R.

18.04.2023 Police Station Wathar Police Station, Satara Sections Applied 302, 341, 504, 506, 120B r/w. 34 of the Indian Penal Code, 1860 Page No. 1

3 & 25 of the Arms Act, 1959 Date of Incident

17.04.2023 Date of Arrest

18.04.2023 Date of filing of Charge-sheet

14.07.2023

¶3Ms. Newton, learned APP for the Respondent – State has opposed the Bail Application by filing affidavit of Mr. Sakharam R. Birajdar, API presently attached to the Mhaswad Police Station, Taluka – Man, District – Satara.

¶4Mr. Joshi, learned Counsel for the Applicant submitted that the Applicant was incarcerated since 18.04.2023 and the Charge-sheet has been filed on 14.07.2023. Thus, the investigation has been completed. He submitted that co-accused – Umesh Bhalerao Bhoite has been released on bail by Order dated 28.08.2023 passed by learned Additional Sessions Judge, Satara in Cri. B. A. No. 548 of 2023. Therefore, the Applicant is also entitled to be released on bail. He further submitted that co-accused – Chhaya Namdev Bhoite has also been released on bail by this Court by Order dated 15.01.2024 passed in B. A. No. 3822 of 2023. He, therefore, submitted that the Applicant be enlarged on bail.

¶5On the other hand, Ms. Newton, learned APP for the Respondent – State and Mr. Kadam, learned Counsel for the Complainant/Intervenor submitted that this is a case where co-accused Page No. 2

had fired bullets at the deceased due to instigation by the present Applicant and due to which the deceased succumbed to injuries. The present Applicant had actively participated in the incident and in fact, the present Applicant had instigated the Accused No. 1 to fire bullets at the deceased. Both of them submitted that although the present Applicant is in jail, he had threatened the first informant by calling him on his cell phone from the jail by telling him that if he opposes the Bail Application before the learned Sessions Court, Satara then he would be killed. Both of them therefore, submitted that the Applicant is not entitled to be enlarged on bail.

¶6The FIR is on page No. 55, relevant portion of the same reads as under :- "fnukad 17/04/2023 jksth lk;a-7.07 oktrk eh lkrkjk ;sFks ?kjh vlrkuk eyk iqr.;k lkbZ lqfuy HkksbZVs ;kus Qksu d:u dGfoys dh] dkgh osGkiqohZ oMhy o eh eksVkjlk;dy o:u fiaiksMs cq ;sFks tkr vlrkuk ok?kksyh iqy rs ok?kksyh xko ;k jLR;koj nkth jfo cGoar ;kno o lafni cGoar ;kno ;kauh vkeph eksVkjlk;dy yk R;kaph dkj vkMoh ek:u eksVkjlk;dy Fkkacoyh o lafni nkth ;kau jfo nkth ;kl rq lqU;kyk xksGîkk ?kkyqu ekj vls Eg.kkyk o jfo nkth ;kus ofMykauk R;kpsdMhy fiLRkqykus xksGîkk ?kkrY;k vlqu oMhy jLR;koj t[keh gksoqu iMys gksrs R;kauk xkokrhy 'ksj[kku iBk.k o Qjfnu iBk.k ;kauh t[keh voLFksr fiaiksMs cq ;sFkhy ljdkjh gkWfLiVy ;sFks vkS"k/kksipkjklkBh usgys vkgs vls lkafxrysus eh yxsp ek>h iRuh lg ok?kksyh ;sFks ?kjh tkoqu fiaiksMs cq ;sFks ljdkjh gkWfLiVy ;sFks jk=h 7.45 oktrk vkyks R;kosGh HkkÅ lqfuy gs e;r >kys vlysckcr o R;kaph ckWMh MsM gkÅl ;sFks vlY;kps eyk letys-" (Emphasis added) English translation of the same reads as under :- Page No. 3

"On the date 17.04.2023, at 07:07 p.m. in the evening, when I was present at my home in Satara, my nephew by name Sai Sunil Bhoite, telephoned me and said, "some time ago, when my father and I were going to Pimpode Budruk on motor-cycle, brothers-in-law by names Ravi Balwant Yadav and Sandip Balwant Yadav intercepted our motor-cycle on the road between Wagholi Bridge to Wagholi Village by obstructing their car horizontally. Thereafter, brother-in-law Sandip asked brother-in-law Ravi to kill Sunya by firing bullets and thereupon, brother-in-law Ravi fired bulles at my father from the pistol he was carrying in his possession. Due to the same, my father got injured and fell on the road. Sherkhan Pathan and Fardin Pathan from the village have removed him in an injured condition to the Government Hospital situated at Pimpode Budruk, for providing him medical treatment". Therefore, I along with my wife, immediately went to the house at Wagholi and from there reached to the Government Hospital at Pimpode Budruk at 07:45 hrs. in the night where I learnt that my brother Sunil died and that his dead body had been kept in the 'Dead House'."

¶7Sai Sunil Bhoite, eye witness to the incident in his statement dated 18.04.2023 stated as under :- "fn-17@4@2023 jksth lk;a-06-30 ok-ps lq-eh o ek>s oMhy lqfuy 'kadjjko HkksbZVs vls nks?kst.k eh-lk;- lhVh 100 dza- ,e,p@01@ch,@9767 o:u ok?kksyh ;sFkqu ?k:u ok?kksyh iqy ekxsZ fiaiksMs cq- ;sFks dkekfuehrkus tkr gksrks-R;kosGh oMhy lqfuy gs xkMh pkyfor gksrs-o eh R;kaps ekxs eksVj lk;dy oj clyks gksrks-R;kosGh vkEgh ok?kksyh xko rs ok?kksyh iqy ;kaps e/;s jLR;kr vlrkuk vkeps eksVj lk;dyyk jLR;kus leks:u ;s.kkjs ,dk dkjus vkMoh ek:u Fkkacfoys R;kosGh eh ikghys lnjps dkje/;s lanhi nkth o jfo nkth vls clys gksrs o lanhi nkth ;kus jfo nkth ;kl rq lqU;kyk xksGîkk ekj vls Eg.kkyk o jfo nkth ;kus oMhykauk R;kpsdMhy fiLRqkyus xkMhrqu 3 xksGîkk ?kkrY;k-R;kosGh oMhykauk xksGîkk ykxysus vkEghgh xkMho:u [kkyh iMyks-R;kosGh rs nks?kst.k xkMhrwu [kkyh mrjys R;kosGh lanhi nkth ijr jfo nkth ;kauk Eg.kkyk ;kyk lksMq udks vk.k[kh xksGîkk ekj R;kosGh jfo nkth ;kauh oMhykauk vk.k[kh nksu xksGîkk ekjY;k R;kosGh eh R;kauk gkr tksMqu ek>s oMhykauk xksGîkk ek: udk vls Eg.kr jMr gksrks-ijarq R;kauh ek>s ,sdys ukgh o oMhy lqfuy 'kadjjko HkksbZVs ;kauk fiLRkqyus Nkrhr Page No. 4

iksVkr ikBhr gkrkoj xksGîkk ekjY;k o rs nks?ks dkjus fu?kqu xsys-" (Emphasis added) English translation of the same reads as under :- "On the date 17.04.2023 at around 06.30 hrs in the evening, both, my father by name Sunil Shankarrao Bhoite and I proceeded from our house at Wagholi by motor cycle C.T.100 bearing No. MH/01/BA/9767 and were going to Pimpode Budruk by Wagholi bridge, for some work. At that time, my father Sunil was riding the motorcycle and I was riding pillion. At that time, when we reached on the road between Wagholi village and Wagholi bridge, one car coming from opposite direction on the said road intercepted our motorcycle by obstructing it horizontally. At that time, I saw that brothers-in-law Sandip and Ravi were sitting in the said car and brother-in-law Sandip said to brother-in-law Ravi : "You fire at Sunya" and thereupon, brother-in-law Ravi fired 3 bullets at my father from the pistol that he was carrying, from their car. At that time, as my father got hit by the bullets, we both fell down. Thereupon, they both got down from car and at that time, brother-in-law Sandip again said to brother-in-law Ravi : "Don't spare him. Fire more bullets" and thereupon, brother-in-law Ravi fired two more bullets at my father. At that time, I was crying and requesting them both with folded hands not to fire bullets at my father. But they did not listen to me and fired bullets from the pistol at my father Sunil Shankarrao Bhoite in his chest, stomach, back portion and hands and thereafter, they both left from there by the said car".

¶8Column No. 17 in the Post Mortem Report reads as under :-

¶17Surface wounds and injuries-Their nature

position,

dimensions (measured) and directions to be accurately stated – their probable age and causes to be noted. If bruises be present, what is the condition of the subcutaneous tissue. (When injuries are numerous and cannot be mentioned within the space available they should be mentioned on 1) Lacerated wound present over left arm, medially over middle 1/3 area, situated 11 cm below point of axilla, of size 2.5 cm x 1.5 cm x muscle deep, irregular red. 2) Firearm wound of entry present over back, situated 06 cm left lateral to midline, 20cm below and medial to angle of left scapula of size 01 cm x

0.5 cm red, oozing blood, with inverted margins having abrasion collar all round the entry wound, circular in shape. No evidence of tattooing, singeing, burning and blackening. On dissection, Page No. 5

a separate paper which should be signed). bullest passes through underlying subcutaneous tissues and muscles and enters in to muscles of group of lower back infero laterally obliquely over to right side posteriorly through and through passing from latisssmus dorsi over left side superficially then crossing over to right side of lower back passing posterior to lower thoracic vertebra column and then the bullet passes through and through thoracolumbar fascia then inferior end of right latisssmus dorsi plane and then found in right external oblique muscle in subcutaneous tissue. The tract of bullet is contused, hemorrhage and lacerated, red. Not deformed. 3) Firearm wound of entry present over left side of chest, situated 03 cm below and left lateral to left nipple and 16 cm left lateral to midline, with circular aperture of size 1.5 cm x 0.8 cm, having inverted margins, red, surrounded by abranded collar medially of 1mm and peripheral hemorrhagic inflitration in the surround margins, all over, red. No evidence of tattooing, singeing, burning and blackening on dissection bullet passes through underlying subcutaneous tissues and muscles and enters left pleural cavity through wound present over left 6th intercostals space muscles and corresponding parietal pleura, then the bullet passes through lower lobe of left lung and corresponding visceral pleura, over to right side of midline and through the right dome of diaphragm then through right lobe of liver and then found in right side of chest wall in anterior axillary line left 10th intercostals space muscles tissue. The tract of bullet is contused, hemorrhagic and lacerated, red. Not deformed. 4) Firearm wound of entry present over left arm lower half, posteriorly, situated 6 cm above the point of left elbow, with circular aperture of size 1cm x 0.8 cm, having inverted margins, red, surrounded by abraded collar at places and peripheral hemorrhagic infiltration in the surrounding margins, all over, red. No evidence of tattooing, singeing, burning and blackening. On dissection, bullet passes through underlying subcutaneous tissues and group of bellies of left triceps muscles, bullet then passes through and through the belly of triceps over left side and then found in lodged in lateral border of left scapula in to muscles of infra spinatus fossa. The tract of bullet is contused, hemorrhagic and lacerated, red. Not deformed. 5) Bullet graze present over right upper arm in middle one-third, antero-medially, of size 06 cm x 01 cm x subcutaneous deep, with abraded margins all over, with evidence of peripheral contusion in the surround margins, irregular, red. 6) Firearm wound of entry present over left side of lower part of hypochondriac region of abdomen Page No. 6

scooted 11 cm above and lateral to umbilicus and 03 cm left lateral to midline, and 30 cm below medial end of left clavicle, with circular aperture of size 1.8 cm x 1.2 cm having inverted margins, red, surrounded by abraded collar all around of 1mm and peripheral hemorrhagic infiltration in the surrounding margins, all over, red. No evidence of tattooing, singeing, burning and blackening on dissection bullet passes thorough underlying subcutaneous tissue and muscle of abdominal wall, then through and through in to abdominal cavity through layer of parietal peritoneum then through and through abdominal part of aorta and found lodged in to body of T 11 vertebra. Body of T 11 vertebra cut fractured. The tract of bullet is contused, hemorrhagic and lacertated, red. Not deformed. 7) Firearm wound of entry present over right side of chest will antero-lateral aspect, situated 10cm above and lateral to right nipple and 18 cm right lateral to midline, of size 01 cm x 0.5 cm with abraded collar all around the margins, margins inverted and red. No evidence of tattooing, singeing, burning and blackening. On dissection, bullet passes through underlying, subcutaneous tissue and muscle, enters right pleural cavity through wound present over left 8th intercostals space muscles and corresponding parietal pleura, then the bullet passes through the upper lobe of right lung then through and through lower lobe and corresponding visceral pleura of both lobes, right dome of diaphragm laterally and then found in right side of chest wall in posterior axillary line corresponding to 12th rib. The tract of bullet is contused, hemorrhagic and lacerated, red. Not deformed. (Emphasis added)

¶9The probable cause of death as recorded in the Post Mortem Report is as follows :- "Death due to traumatic and hemorrhagic shock due to multiple firearm injuries over body, articles preserved for chemical analysis"

¶10The Column No. 21 of the Post Mortem Report records that total 5 bullets recovered from the body. Page No. 7

¶11The Supreme Court in the case of Y vs. State of Rajasthan 1 has re-iterated the factors to be borne in mind while considering an application for bail. The relevant paragraph i. e. paragraph 12 reads as under :- "12. The above principle has been consistently followed by this Court. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14 SCC 496 this Court held as under: "9. We are of the opinion that the impugned order is clearly unsustainable. It is trite that this Court does not, normally, interfere with an order passed by the High Court granting or rejecting bail to the accused. However, it is equally incumbent upon the High Court to exercise its discretion judiciously, cautiously and strictly in compliance with the basic principles laid down in a plethora of decisions of this Court on the point. It is well settled that, among other circumstances, the factors to be borne in mind while considering an application for bail are:

(i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence;

(ii) nature and gravity of the accusation;

(iii) severity of the punishment in the event of conviction;

(iv) danger of the accused absconding or fleeing, if released on bail;

(v) character, behaviour, means, position and standing of the accused;

(vi) likelihood of the offence being repeated;

(vii) reasonable apprehension of the witnesses being

(2022) 9 SCC 269 Page No. 8

influenced; and

(viii) danger, of course, of justice being thwarted by grant of bail."

¶12In this particular case, the first informant's son - Sai Sunil Bhoite is an eye witness to the incident. In the incident in question, Accused No. 1 fired bullets at the deceased. The present Applicant is Accused No. 2. The statement of the eye witness clearly shows that though Accused No. 2 had not actually fired bullets at the deceased, however, Accused No. 2 had not only instigated Accused No. 1 to the great extent but ensured that Accused No. 1 fires multiple bullets at the deceased. There are in all five bullets recovered from the body of the deceased, as mentioned on page No. 121 in Column No. 21 of the Post Mortem Report. The Column No. 17 in the Post Mortem Report also shows that more than 5 bullets have been fired at the deceased.

¶13Thus, there is prima facie and reasonable ground to believe that the accused had committed the offence punishable under Section 302 of the Indian Penal Code punishable with life imprisonment.

¶14It is required to be noted that the present Applicant although incarcerated and is in Kalamba Central Prison, Kolhapur, from the jail, he had made a call from a cell phone to the informant and threatened him that he would be killed, if the Bail Application of the present Applicant made before the learned Trial Court would be opposed. The Page No. 9

relevant portion of the FIR dated 28.07.2024 in this behalf reads as under :- "fnukad 30/03/2024 jksth eh lkrkjk rkyqdk iksyhl Bk.ks ;sFks eh ek>s drZO;koj gtj vlrkuk lkrkjk rkyqdk iksyhl LVs'ku vn[kyik= xq-j- ua-354/2024 Hkk-n-fo-la-dYke 507 izek.ks rdzkjnkj eksgu 'kadj HkksbZVs eqG ok?kksyh rk-dksjsxko ft-lkrkjk] l/;k jk- 'kkgquxj − rk-ft-lkrkjk ;kauh rdzkj fnyh gksrh dh] fn-30/03/2024 jksth lk;adkGh 16.27 ok-ps lqekjkl rdzkjnkj gs EkkSts uqus] rk-ft-lkrkjk xkops gíhr vlrkuk R;kauk R;kaps eks-ua-9637224809 ;koj eksckbZy dzekad 9689815087 ;ko:u Qksu vkyk R;kosGh iq<hy O;fDr Eg.kkyk fd] eh ckiq ;kno dksYgkiqj tsy e/kqu cksyrks; R;koj rdzkjnkj ;kauh dks.k ckiq ;kno vls fopkjys vlrk eh lanhi ;kno cksyrks; vls lkaxqu lkrkjk dksVkZrhy tkehu vtkZl fojks/k dsykl rj rqyk ek:u Vkdhu vls Eg.kqu rdzkjnkj ;kauk eksckbZyo:u f'kohxkG] nenkVh d:u thos ekj.;kph /kedh fnyh vkgs Eg.kqu vn[kyik= xqUgk nk[ky >kysuarj iksyhl Bk.ks vaeynkj eiksgok xk;dokM c ua 2221 ;kauh lnjps vn[kyik= xqUgîkkph pkSd'kh vkepsdMs fnyh-R;kuqlkj vkEgh lnjps vn[kyik= xqUgîkkph pkSd'kh djhrk vlrk xqUgîkkps xkaHkh;Z y{kkr ?ksoqu ek ofj"Bkaps rksaMh vkns'kkus vkEgh lnjps vn[kyik= xqUgîkkpk rikl dj.ksl eatqjh feG.ksdkeh ek izFkeoxZ U;k;naMkf/kdkjh lks lkrkjk ;kapsdMs i=O;ogkj d:u fouarh dsyh vlrk vkEgkyk ek izFkeoxZ U;k;naMkf/kdkjh lks lkrkjk ;kapsdMqu fn-02/04/2024 jksth vn[kyik= xqUgîkkr rikl dj.ksph ijokuxh feGkyh R;kuqlkj vkEgh lnj xqUgîkkpk rikl lq: dsyk-vKkr eksckbZy /kkjd o fledkMZ /kkjdkps ukao fu"iUu gks.ksckcr vkEgh ek iksyhl vf/k{kd lks lkrkjk ;kauk rkaf=d ekghrh feG.ksckcr i=O;ogkj dsyk vlrk lnjph rkaf=d ekfgrh izkIr >kyh-vkEgh R;kph iMrkG.kh dsyh vlrk R;ke/;s izkIr ekfgrhuqlkj ueqn eksckbZy fledkMZ dza 9689815087 /kkjdkps ukao o iRrk vkdk'k lqjsanz Hkkdjs jk ekusxYyh usysZ] rk-okGok] ft-lkaxyh vls vlY;kps fu"iUu >kys-R;keqGs vkEgh ykxyhp ek mifoHkkxh; iksyhl vf/kdkjh lks lkrkjk 'kgj foHkkx ;kauk ys[kh i=k}kjs ij ftYgîkkr rikldkeh tk.;klkBh fouarh dsyh R;kizek.ks R;kauh R;kapsdMhy tk-dz-4840/2024 fn-16/07/2024 jksthus ijftYgîkkr rikldkeh tk.ksl ijokuxh fnyh-R;kizek.ks vkEgh fn-27/07/2024 jksth ek iksyhl fujh{kd rkacs lks lkrkjk rkyqdk iksyhl Bk.ks ;kaps vkns'kkUo;s ueqn vn[kyik= xqUgîkkps rikldkeh [kktxh okgukus dklsxkao] ft-lkaxyh iksyhl LVs'ku ;sFks iksyhl LVkQlg xsyks-rsFkhy iksyhl LVkQph enr ?ksoqu R;kaps gíhrhy usysZ] rk-okGok ft-lkaxyh ;sFkhy ble vkdk'k lqjsanz Hkkdjs jk-usysZ] rk-okGok] ft-lkaxyh ;kl ueqn xqUgîkkps pkSd'khdkeh dklsxkao iksyhl Bk.ksl vk.kys-R;kosGh R;kpsdMs fopkjiql dsyh vlrk R;kus lnjps eksckbZyps fledkMZ dza-9689815087 gs eh xsyh ikp efgU;kiqohZ fQjrs fodzsrs ;kapsdMqu ?ksoqu ek>k xkokrhy fe= ladsr Page No. 10

lksekth okBkjdj jk-usysZ rk-okGok ft-lkaxyh ;kl okij.ksl fnys vlY;kps lkafxrysus vkEgh iqUgk ladsr lksekth okBkjdj jk usysZ rk okGok ft lkaxyh ;kl dklsxkao iksyhl Bk.ks ;sFks cksykoqu ?ksrys vlrk R;kosGh R;k nks?kkadMs fopkjiql dsyh vlrk R;kauh vlek/kkudkjd o mMokmMohph mRrjs nsoqu pkSd'khdkeh lgdk;Z djhr ulY;kps vkeps fun'kZukl vkys-R;kosGh vkEgh ykxyhp vf/kd rikl dj.ksdfjrk R;kauk ek ofj"Bkaps vkns'kkus lkrkjk rkyqdk iksyhl LVs'ku ;sFks vk.k.;kr vkys R;kosGh nksUgh blekauk ek ofj"Bkauk fo'oklkr ?ksoqu pkSd'kh dsyh vlrk ;krhy fu"iUu fledkMZ gs vkdk'k lqjsanz Hkkdjs jk-usysZ] rk okGok ft lkaxyh ;kps ukokoj vlqu R;kus rs fledkMZ gs R;kpk fe= ladsr lksekth okBkjdj jk usysZ rk okGok ft lkaxyh ;k xkokrhy fe=kyk R;kpsoj nk[ky vlys euq";o/kkpk xqUgk nk[ky gksoqu rks dGack dkjkx`g ft dksYgkiqj ;sFks ,d o"kZ f'k{kk Hkksxqu iqUgk tkehukoj xkokr vkyk vlysps ekghr vlrkuk lq/nk R;kus lnjps fledkMZ R;kl fnys o ladsr ;kus vkdk'k Hkkdjs ;kps laerhf'kok; rs fledkMZ gs f'k{kk Hkksxr vlysyk lkSjHk fodkl f'kans gk rkj[ksl lkaxyh ls'ku dksVkZr vkyk R;kosGh R;kus ladsr okBkjdj ;kl fledkMZph ekx.kh dsyh gksrh-rlsp lnjps fledkMZ rq iq<P;k rkj[ksl fnid [kksr gk lkaxyh ls'ku dksVZ ;sFks ;s.kkj vkgs R;kosGh fledkMZ R;kl ns vls lkafxrY;kus ladsr ;kus vkdk'k ;kpsdMqu ?ksrysys fledkMZ gs lkaxyh ls'ku dksVZ ;sFks iksyhlkaph utj pqdoqu fnid [kksr ;kpsdMs fledkMZ fnys-lnjps fledkMZ gs dGack dkjkx`gkrhy f'k{kk Hkksxr vlYksY;k vkjksihl vkilkr laxuer d:u fu"iUu lkeusokys 1) vkdk'k lqjsanz Hkkdjs 2) ladsr lksekth okBkjdj nksUgh jk-usysZ rk-okGok ft-lkaxyh ;kauh Lor%ps vkfFkZd Qk;|klkBh dV jpyk vkgs-rlsp R;kauh dGack dkjkx`g ftYgk dksYgkiwj ;sFks f'k{kk Hkksxr vlysY;k vkjksihauk fledkMZ nsoqu R;kauh lk{khnkj] fQ;kZnh ;kauk Qksuo:u Qksu dsY;kph 'kD;rk vlqu lnjps ?kMys xqUgîkkl viiszj.kk fnyh vkgs-rlsp ;k nks?kkauh dGack djkx`gke/;s dS|kl fledkMZ iqjfoys vkgs-rlsp yksdlsodkus fjrlj fnys vkns'kkps mYya?ku dsys vkgs-R;kckcr iq<hy rikl gks.ks vR;ar xjtsps vlY;kus ek>h R;kapsfo:/n ljdkjrQsZ Hkk-n-fo-la-dye − 188, 120¼c½] 109, 34 o dkjkx`g vf/kuh;e 1894 ps dye 42 izek.ks dk;ns'khj fQ;kZn vkgs-" (Emphasis added) English translation of the same is as under :- "On the date 30.03.2024, when I was present on my duty in Satara Taluka Police Station, the Complainant by name Mohan Shankar Bhoite, hails from Wagholi, Taluka – Koregaon, District – Satara and presently residing at Shahu Nagar, Taluka and District – Satara, concerned in Satara Taluka Police Station Non-cognizable Crime Registration No. 354/2024, under Section 507 of the Indian penal Code had lodged a complaint as under: Page No. 11

On the date 30.03.2024, at 16:27 hrs. in the evening, when the Complainant was present within the boundary of Village – Nune, Taluka and District – Satara, he received a phone call on his Mobile Phone No. 9637224809 from a Mobile Phone No. 9689815087. The caller of the said phone call said, "I am Bapu Yadav, calling from Kolhapur Jail". Thereupon, when Complainant asked him, "which Bapu Yadav", the said Caller said, "I am Sandeep Yadav speaking" and further said, "if you oppose to the Bail Application that has been filed in Kolhapur Court, I will kill you". Thus, by saying so, on mobile phone, he hurled abuses at the Complainant, intimidated him and threatened to kill him. After the Non-Cognizable Offence as aforesaid was registered, the Police Station House Officer – Woman Police Head Constable by name Gaikwad, Buckle No. 2221, assigned the investigation into the said offence to me. Accordingly, while I was carrying out investigation into the said Non-cognizable offence, considering the seriousness of the offence, I submitted an application to the Judicial Magistrate, First Class, Satara for granting permission to carry out investigation into the said non-cognizable offence. In pursuance thereof, on the date

02.04.2024, I received permission from the Learned Judicial Magistrate, First Class, Satara to carry out investigation into the said non-cognizable offence and pursuant thereto, I started carrying out investigation into the said offence. In order to get revealed the name of the unknown Mobile Phone Holder and the SIM Card Holder, I made correspondence with the Superintendent of Police, Satara for getting technical information and in pursuance thereof, I received the said technical information. When I perused the same, from the information so received, it was revealed that the name and address of the holder of the Mobile SIM Card No. 9689815087 was Aakash Surendra Bhakare, residing at – Mane-lane, Nerle, Taluka – Walva, District – Sangli. Therefore, immediately, I made correspondence with the Sub Divisional Police Officer, Satara City and requested him to grant me permission to go to another district for the purpose of carrying out investigation. In pursuance Page No. 12

thereof, the Sub Divisional Police Officer, Satara City, under his letter bearing No. 4840/2024, dated

16.07.2024, granted me permission to go to another district for the purpose of carrying out investigation. In pursuance thereof, on the date 27.07.2024, pursuant to the orders received from the Police Inspector by name Shri Tambe, attached to Satara Taluka Police Station, I along with Police Staff, by a private vehicle, went to Kasegaon Police Station, District – Sangli for carrying out investigation into the said non-cognizable offence. Thereafter, with the assistance of the Police Staff attached to the said Police Station, we went to Nerle, Taluka – Walva, District – Sangli, situated within the local limit of said Police Station and brought a person by name Aakash Surendra Bhakare, resident of Village – Nerle, Taluka – Walva, District Sangli to Kasegaon Police Station for making inquiry with him into the said offence. At that time, when inquiry was made with him, he said, "five months ago, I had purchased a Mobile SIM Card No. 9689815087 from a mobile vendor and had given the same to my friend by name Sanket Somaji Watharkar, resident of Nerle, Taluka – Walva, District – Sangli from my village, to use the same. Therefore, I again called Sanket Somaji Watharkar, resident of Nerle, Taluka – Walva, District – Sangli to Kasegaon Police Station and when I made inquiry with both of them, they gave unsatisfactory and evasive replies and from that, I came to know that they were not co-operating in the work of investigation and therefore, pursuant to the Orders received from the Superior Officers, I immediately brought them to Satara Police Station for carrying out further investigation. At that time, when the Superior Officers took both the said persons into confidence and made inquiry with them, it was revealed therein that, the said SIM Card involved in this offence is standing in the name of Aakash Surendra Bhakre, resident of Village – Nerle, Taluka – Walva, District – Sangli and that despite knowing that an offence of homicide was registered against his friend by name Sanket Somaji Watharkar of Village – Nerle, Taluka – Walva, District – Sangli who had undergone Page No. 13

one-year imprisonment in Kalamba Prison in District – Kolhapur and had again come out on bail, he gave the said SIM Card to him and further, without the consent of Aakash Bhakre, Sanket gave the said SIM Card to one convict by name Saurabh Vikas Shinde, who was undergoing a sentence and who had demanded a SIM Card from Sanket Watharkar when he was brought to Sangli Sessions Court on the date of hearing of his case and had told Sanket to hand it over to Dipak Khot when he would be brought to Sangli Sessions Court for hearing of his case, on the next date of hearing and that accordingly, Sanket handed over the said SIM Card, taken from Aakash, to Dipak Khot behind the back of Police at Sangli Sessions Court. Thus, the revealed opponents by names (1) Aakash Surendra Bhakre and

(2) Sanket Somaji Watharkar, both residing at Village – Nerle, Taluka -Walva, District – Sangli, with an intention to make financial gain, had hatched a plot in collusion with the Accused person undergoing a sentence in Kalamba Prison. Further, it is possible that after they giving the said SIM Card to the Accused persons who are undergoing a sentence in Kalamba Prison in Kolhapur District, the said Accused persons might have made a telephone call from the said phone to the Witnesses and Complainant and thus, they both have abetted them to commit the offence that has been committed. Further, these two persons have supplied a SIM Card to a Convict in the Kalamba Prison and thus, have violated the Order duly given by a Public Servant. As it is very much necessary to carry out further investigation into the same, I have a lawful complaint against them on behalf of the State, under Sections 188, 120(B), 109, 34 of the Indian Penal Code and Section 42 of the Prison Act, 1894".

¶15Thus, it is clear that the Applicant has threatened the Informant by calling on his cell phone from the jail. Thus, there is reasonable apprehension that witnesses will be influenced and threatened, if the Applicant is released on bail. Page No. 14

¶16The factual position on record shows that there is danger of justice being thwarted by grant of bail.

¶17Accordingly, no case is made out for grant of bail. The Bail Application stands rejected. [MADHAV J. JAMDAR, J.] Page No. 15