NANASAHEB PIRAJI DOKE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal, appellant/accused Nanasaheb Piraji Doke is challenging the order dated 30 th March 2019 passed by the learned Special Judge, Pandharpur, thereby rejecting Criminal Bail Application No.139 of 2019 filed by the appellant/accused for seeking bail in Crime No.430 of 2018 registered against him for offences punishable under Sections 363, 366, 302, 201 read with 34 of the Indian Penal Code, under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012, under Section 3(2) of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 as well as under Section 3(2)(va) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard Mr.Mundargi, the learned senior counsel appearing for the appellant/accused. He vehemently argued that there is no legal evidence to connect the appellant/accused with the crime in question, and therefore, he is entitled to be released on bail. The learned senior counsel argued that statement of Pradeep Shivsharan, who happens to be son of accused Bharat Shivsharan, reflecting extra judicial confession, is not worth relying as this witness was knowing intention of accused to eliminate deceased Pratik Shivsharan on 26 th October 2018 itself.

(3.) The learned APP as well as the learned counsel appearing for respondent no.2/First Informant opposed the appeal and supported the impugned order by contending that extra judicial confession made by accused Bharat Shivsharan so also by the appellant/accused is gaining corroboration from other evidence collected by the prosecution during investigation. The case is based on circumstantial evidence and statements of witnesses namely Audumbar Patil and Babulal Mullani candidly show that accused Bharat Shivsharan alongwith juvenile in conflict with law Vaibhav Shivsharan kidnapped Pratik Shivsharan and committed his murder. Our attention was also drawn to the Inquest Panchnama and statements of other witnesses to demonstrate that accused Bharat Shivsharan had close relations with appellant/accused Nanasaheb Piraji Doke and both of them had indulged in evil and aghori practices and Pratik Shivsharan was murdered for sacrificing him to Vetal Baba.