YOGESH PATIL & ANR. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for pre-arrest bail in C.R. No. 0026 of 2020, dated 06.02.2020, under Section 302 read with 34 of the Indian Penal Code registered with Sawantwadi Police Station, District Sindhudurg.

(2.) Heard Mr.N.N. Gavankar, learned counsel for the applicants and Mr.S.V. Gavand, learned A.P.P. for the respondent-State through Video Conferencing.

(3.) The First Information Report is lodged on behalf of the State by Shri. Sunil Kisan Dhanavade, Police Inspector attached to Sawantwadi Police Station on 06.02.2020. The applicant No.1 was the Superintendent of District Prison Class-II, Sawantwadi and the applicant No.2 was the Subedar of the said Prison, on the date of lodgement of the present crime. It is the prosecution case that, on 20.12.2019 the applicant No.2 Zilba Pandharmise lodged an accidental death report of prisoner Rajesh Shridhar Gaonkar. The said report was registered as A.D.R. No.74 of 2019 under Section 174 of the Criminal Procedure Code by the concerned Police. The informant thereafter undertook investigation of the said accidental death report. In his A.D.R. No.74 of 2019, the applicant No.2 has stated that, Shridhar Gaonkar (deceased) was an accused in Sum. Case No. 125 of 2019, under Section 65 (e) of the Maharashtra Prohibition Act, which was pending on the file of Devgad Court. The said Shridhar Gaonkar was lodged in Sawantwadi District Prison Class-II since 17.12.2019. That, on 20.12.2019 when the applicant No.2 was on his circle duty, at about 10.40 am a prisoner from barrack No.1, namely, Mahantesh Kadolkar informed him that prisoner Rajesh Gaonkar appears to be serious. The applicant No.2 therefore went to the barrack of Rajesh Gaonkar and found him slipping on his bed. The applicant No.2 gave him a call, whereupon Rajesh Gaonkar tried to speak something but was unable to speak. The applicant No.2 therefore gave information of the same to the applicant No.1 on wacky-talky and thereafter, the said Rajesh Gaonkar was shifted to Sub-District Hospital at Sawantwadi. The doctors therein, after examination declared him brought dead. The informant thereafter conducted inquest panchanama and other necessary legal formalities. The informant also recorded statements of co-prisoners after taking necessary permission from the Judicial Magistrate First Class, Sawantwadi. After receipt of Postmortem Notes, the informant concluded that the death of Rajesh Gaonkar was infact a murder committed by the applicants. That, when the said Rajesh Gaonkar was in the lawful custody of the applicants being Jail Officers, they assaulted him and committed his murder. In the brief premise, the present crime is registered.