NAMDEO BABURAO KOHINKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ONE Shantaram Nana Wagh was arrested on 1st September 1996 along with 2 others by Constable Sadashiv Mane, in connection with CR No.44 of 1996, registered at Junnar Police Station under sections 380, 454 and 457 of the I.P.C. The petitioner, who is Assistant Sub-Inspector of Police along with 13 others comprising of Head Constable and Constables assaulted said Shantaram Wagh by means of sticks belt, and kicks. The two arrested suspects were also assaulted by them. Shantaram sustained several injuries and he succumbed to them. Being custodial death, postmortem examination was conducted and F.I.R. was registered in Junnar Police Station for offences under sections 302, 323, 331, 218, 109 read with section 34 of the I.P.C. as well as under section (V) (VII) of the Schedule Castes and the Scheduled Tribes (Prevention of Atrocities) Act, which were alleged to have been committed by them. The other 13 caused persons from the police staff filed Criminal Application No.1052/96 before the Sessions Court, Pune and the learned Addl. Sessions Judge, Pune by his order dated 27th September 1996, directed their release on bail. Thereafter, the petitioner surrendered to the police an 12th September 1996 and he also applied to the Addl. Sessions Judge, Pune for grant of bail, but the said application came to be rejected. He moved second application being Cri. Application No.1296/96, which was heard and decided by the Sessions Judge on 7-11-1996 and the same was rejected, by holding that the petitioner was in charge of the police station and also participated in the assault and that offence would fall under clause of section 300 of I.P.C. The act of the petitioner was immeniently danger on and that the person committing the same was knowing that it would cause death. That is how, application of the petitioner was rejected and therefore, he has approached this Court by the present application.

(2.) SHRI Bhonsale, learned Counsel for the petitioner submitted that the observations of the learned Sessions Judge would go to show that assault had already started on Shantaram by other police officers and petitioner came there and he also started assaulting the deceased Shantaram. No doubt, there are 77 injuries sustained by the deceased Shantaram and one on the head proved to be fatal. Shri Bhonsale submits that author of the said injuries is held to be petitioner alone. Since other 13 accused have been granted bail, there is no reason to refuse bail to the petitioner, merely because he happened to be Assistant Sub-Inspector, in charge of the police station. It was also submitted that the petitioner is in jail for more than 3 months and in the circumstances, this is a fit case where petitioner deserves grant of bail.

(3.) ACCORDINGLY , petitioner is directed to be released on bail on furnishing solvent surety to the extent of Rs.10,000.00 (ten thousand) and PR bond for like amount on condition that the petitioner shall not enter the limits and jurisdiction of Junnar Police Station, unless required by the police or by the Sessions Court, Pune.