VIJAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In both these appeals, the applicants/accused in Crime No.490 of 2025 are taking exception to the order dtd. 29/9/2025, passed in Criminal Bail Application Nos. 427 of 2025 and 428 of 2025 respectively by the learned Additional Sessions Judge/Special Judge, Ambad, District Jalna, thereby declining to enlarge the appellants/accused on pre-arrest bail.

(2.) Having regard to the submissions canvassed on behalf of the learned counsel appearing for both the sides, I have gone through the appeal memo, FIR and reply-affidavit filed on behalf of the prosecution.

(3.) On the face of record, it appears that, on 17/9/2025, the respondent No. 2-informant lodged a oral report with Ghanasawangi Police Station, District Jalna, alleging that prior to the date of incident, there were threats to the respondent No. 2, at the hands of one Revu Gopinath Pawar i.e. the accused No. 1, on account of using the cart-way to his field. On 14/9/2025, at about 7.30 p.m., when he with his brothers Ananda and Sandeep were proceeding from their field and visited near Dhakephal Tanda-1, at that time, the accused Revu Gopinath Pawar, Prakash Gopinath Pawar, Vishwanath Revu Pawar, Sandeep Vishwanath Pawar, Madan Laxman Pawar, Ganesh Premchand Pawar, Vijay Pandit Pawar (Appellant in Cri. A. 735/2025) , Prakash Sitaram Pawar, Prakash Sitaram Pawar, Navnath Madan Pawar (Appellant No. 1 in Cri. A. 753/2025), Raju Uttam Pawar (Appellant No. 2 in Criminal Appeal No. 753 of 2025), Vishwanath @ Visnu s/o Tarasingh Pawar (Appellant no.3 in Criminal Appeal No. 753 of 2025) and Vishwanath Revu Pawar, assaulted him with stick on his head. The accused Revu Pawar, Sandeep Vishwanath Pawar, Revu Gopinath Pawar, Madan Laxman Pawar, Navnath Madan Pawar (the accused No. 1 in Criminal Appeal No. 753 of 2025) slapped him. The accused Prakash Gopinath Pawar tied his hands and legs. Thereafter, accused Prakash Sitaram Pawar and Prakash Gopinath Pawar threw/inserted Chilli powder in his eyes and anus. When his throat got dry and he was asking for water, at that time the accused Prakash Gopinath Pawar urinated in his mouth (i.e. Informant). Accused Sandeep Vishwanath Pawar also urinated in the mouth of his brother Sandeep Pawar and accused Vishwanath Revu Pawar urinated on the face/mouth of Ananda Sitaram Yede. The accused Ganesh Pawar put pistol near ear of his brother Anand and assaulted with nunchaku on his head. So also, his younger brother was assaulted by the accused. These accused persons abused him on his caste by saying that, /ksMX;k] egk&;k] ekaX;k rqEgh [kqi ektykr , as to why the bullock cart is taken from their field.