JITENDRA SANTOSH KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) . This is an application for bail under Section 438 of the Code of Criminal Procedure. The applicant claims to have an apprehension of being arrested in connection with Crime No.62/2020 registered at Yawal Police Station, Taluka Yawal, District Jalgaon, for the offences punishable under Sections 143 , 147 , 149 , 307 , 353 , 332 , 323 , 337 , 341 , 186 and 188 of the Indian Penal Code, Section 3 of the Prevention of Damage to Public Property Act, 1984, Sections 4 and 7 of the Criminal Law Amendment Act, 1932 and Section 135 of the Maharashtra Police Act, 1951.

(2.) Heard. Perused the First Information Report (FIR) and the related papers. In village Dambhurni, Taluka Yawal, District Jalgaon, Kailas Chandrakant Koli was murdered on 03.04.2020. The villagers suspected Yash Chandrakant Patil to be the murderer. In the year 2018, suspect Yash Patil had assaulted one boy in the village. Yash was arrested. The villagers suspected the village Sarpanch Purjit Ganesh Chaudhari to have had helped Yash Patil out.

(3.) The FIR has been lodged by Rohil Devidas Gane, Driver of Police jeep. It is alleged in the FIR that on 04.04.2020, the Police Inspector Shri Dhanwade was to visit village Dambhurni in connection with investigation C.R.No. 59/2020, registered for the offences punishable under Sections 302 , 364 of the Indian Penal Code. The informant, therefore, took Shri Dhanwade and some other police staff to village Dhambhurni in a police vehicle. The accused Yash Patil was found in one agricultural field. He was overpowered and being taken to police station in the very police vehicle. At Untavad Phata in village Dambhurni, two bullock-carts were made stationary at the middle of the road. It was so done with a view to intercept police vehicle. The vehicle had therefore to be stopped there at. Shri Dhanwade got down the vehicle. He found a mob of not less than 150 persons gathered around. The mob members were armed with sticks, iron rods, stones and bricks. It was the mob of villagers of village Dambhurni. The mob members demanded custody of accused Yash Patil. The mob members wanted to kill Yash Patil. The mob members started pelting stones at the police party. The accused yash Patil was, therefore, removed from the vehicle and taken to Jalgaon on motorbike. Due to pelting of stones, some of the police staff namely Muzaffarkhan Pathan, Rahul Choudhari, Vikas Sonawane suffered injuries. The police vehicle was extensively damaged. There was an order promulgated by the District Magistrate, prohibiting assembly of more than five persons as a measure to fight Corona pandemic. The Police Patil of the village Kiran Kachare was around. He gave names of some persons in the mob. Based thereon, the names of 23 persons with 70-80 unknown persons came to be mentioned in the FIR. The applicants have been named in the FIR.