Professional Documents
Culture Documents
817/2016
CNR MHPU010135112016
CR No. 121/2016 Dighi PS, Pune
Tushar Jadhav ..vs.. State
ORDER BELOW EXH.177
2] The gist of the prosecution is that in the midnight of
14.07.2016 at Bharatmata Nagar, Dighi, Pune, deceased Dattatray
was brutally murdered by the present applicant and his companions
with sharp weapon on spot. The prosecution alleged that in said
night the deceased was invited there by the coaccused Atul for the
birthday celebration of Atul's friend. It is the story of prosecution
that deceased was running chitfund and he had some financial
dispute with Atul Mohite and therefore, Atul Mohite and his friend at
said spot murdered the deceased Dattatray with sharp weapon,
stones etc. The role alleged against the present applicant is that he
assaulted the deceased with sickle as per the police statement of one
Mahesh Suryawanshi.
almost more than 5 years in jail and trial yet not commenced. The
other coaccused in this crime are already enlarged on the bail. The
present bail application of the applicant, though rejected by Hon'ble
High Court, other coaccused subsequently are released by Hon'ble
High Court and on the ground of parity he also be released on bail.
He is ready to abide by each and every condition that may be
imposed by this court.
accused Prem @ Kakka Dholpuria in Bail Application No. 2668/2017
and accused Shailesh Walke in bail application No. 2891/2017, it
becomes crystal clear that the Hon'ble High Court on the basis of
CDR report observed that the informant Shubham who alleged to
have seen the accused murdering his father at said spot in said night
of 14.07.2016 does not appear to be present at said spot. It is
further observed by the Hon'ble High Court that though as per
prosecution story this Shubham made phone call to police from spot
of incident, there is no entry of that phone call in station diary.
Similarly it is further observed by the Hon'ble High Court in those
bail orders of accused Atul, Shailesh, Prem that since the police
statement of wife and other family members of the deceased, who
reached the spot of incident immediately on receiving the phone
message from Shubham, did not state in their police statement that
the friend of informant Rohan Panchal was present at spot; the
allegations of witness Rohan Panchal in police statement that he was
with informant and saw these accused assaulting deceased, prima
facie become doubtful. The Hon'ble High Court therefore, observed
that the presence of Shubham and Rahul Panchal, who alleged to
have seen the incident to make a statement before police that there
were 9 assailants, prima facie is not believable.
7] The Hon'ble High Court further found that there are two
sets of eye witnesses i.e. one set of eye witness is saying that there
were 9 assailants and other set of eye witness like Mahesh
Suryawanshi is saying that there were only 4 assailants. By
observing all these inconsistencies, in the light of additional material
of CDR record of informant and coaccused Prem Dholpuria the
Hon'ble High Court released on bail key accused Atul Mohite and
other accused Sushant Pawar, Prem @ Kakka Dholpuria and Shailesh
SC 817/2016 4 CNR NO. MHPU010135112016
Walke. I may further point out here that the Hon'ble High Court also
released accused Sushant Pawar vide order dated 06.09.02021 in
Bail application No. 3/2020 by making similar observation as was
made in previous applications to the effect that there are two sets of
eye witnesses one is saying 9 assailants and other like Mahesh
Suryawanshi is naming only 4 assailants, though the chargesheet
having been filed in July 2016 and other coaccused having been
released against whom similar role is attributed, the applicant
deserves bail. I may point out here that though eye witness Mahesh
Suryawanshi alleged that Sushant assaulted the deceased with sickle,
he is released on bail by the Hon'ble High Court vide order dated
06.09.2021. Similar role is attributed by Mahesh Suryawanshi
against the present applicant. The Hon'ble High Court in bail order
dated 06.09.2021 regarding accused Sushant by considering the
submissions of this accused that Mehesh Suryawanshi was a chance
witness, observed that as to which set of eye witnesses is to be given
weightage is for the trial court to consider during trial. I may further
point out here that the name of the present applicant did not figure
in FIR so lodged by the informant Shubham, though as per police
statement of the mother of the informant discloses that applicant
used to come to her house. Similarly, the first eye witness Rohan
panchal, who alleged to have reached to the spot of incident with
informant at first alleged in his police statement that the present
applicant assaulted the deceased with fist and kick blows but in his
164 Cr.P.C. statement he dropped the name of the present applicant.
9] The last but not the least, I may add here that the
Hon'ble High Court granted bail to key accused Atul, who had
motive to kill deceased and who allegedly brought deceased to said
spot from his house in the said night and was allegedly seen by
witnesses killing the deceased with big stone at the said spot.
10] In the light of above discussion, I hold that the applicant
is entitled for bail not only on the ground parity, but in view of the
changed circumstances and additional material of CDR etc so
discussed by Hon'ble High Court in other bail orders.
11] Before parting with the order, I may deal with the
various rulings cited by the applicants and they are
12] I will not burden the record by discussing these rulings
one by one. Suffice to say here that these rulings proved good
guideline in decision of this bail application.
Hence, I pass the following order :
ORDER
Pune
Date : 17th December 2021 (S.B. Hedaoo),
Additional Sessions Judge, Pune.
SC 817/2016 8 CNR NO. MHPU010135112016
CERTIFICATE
I affirm that the contents of the PDF file Judgment are same word for
word as per original Judgment.