JITENDRA SANTOSH KOLI Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
Jitendra Santosh Koli
STATE OF MAHARASHTRA
Click here to view full judgement.
(1.) . This is an application for bail under Section 438 of the Code of Criminal Procedure. The applicant claims to have an apprehension
of being arrested in connection with Crime No.62/2020 registered at
Yawal Police Station, Taluka Yawal, District Jalgaon, for the offences
punishable under Sections 143 , 147 , 149 , 307 , 353 , 332 , 323 , 337 ,
341 , 186 and 188 of the Indian Penal Code, Section 3 of the Prevention of Damage to Public Property Act, 1984, Sections 4 and 7
of the Criminal Law Amendment Act, 1932 and Section 135 of the
Maharashtra Police Act, 1951.
(2.) Heard. Perused the First Information Report (FIR) and the related papers.
In village Dambhurni, Taluka Yawal, District Jalgaon, Kailas
Chandrakant Koli was murdered on 03.04.2020. The villagers
suspected Yash Chandrakant Patil to be the murderer. In the year
2018, suspect Yash Patil had assaulted one boy in the village. Yash was arrested. The villagers suspected the village Sarpanch Purjit
Ganesh Chaudhari to have had helped Yash Patil out.
(3.) The FIR has been lodged by Rohil Devidas Gane, Driver of Police jeep. It is alleged in the FIR that on 04.04.2020, the Police
Inspector Shri Dhanwade was to visit village Dambhurni in
connection with investigation C.R.No. 59/2020, registered for the
offences punishable under Sections 302 , 364 of the Indian Penal
Code. The informant, therefore, took Shri Dhanwade and some other
police staff to village Dhambhurni in a police vehicle. The accused
Yash Patil was found in one agricultural field. He was overpowered
and being taken to police station in the very police vehicle. At
Untavad Phata in village Dambhurni, two bullock-carts were made
stationary at the middle of the road. It was so done with a view to
intercept police vehicle. The vehicle had therefore to be stopped
there at. Shri Dhanwade got down the vehicle. He found a mob of
not less than 150 persons gathered around. The mob members were
armed with sticks, iron rods, stones and bricks. It was the mob of
villagers of village Dambhurni. The mob members demanded
custody of accused Yash Patil. The mob members wanted to kill Yash
Patil. The mob members started pelting stones at the police party.
The accused yash Patil was, therefore, removed from the vehicle and
taken to Jalgaon on motorbike. Due to pelting of stones, some of the
police staff namely Muzaffarkhan Pathan, Rahul Choudhari, Vikas
Sonawane suffered injuries. The police vehicle was extensively
damaged. There was an order promulgated by the District
Magistrate, prohibiting assembly of more than five persons as a
measure to fight Corona pandemic. The Police Patil of the village
Kiran Kachare was around. He gave names of some persons in the
mob. Based thereon, the names of 23 persons with 70-80 unknown
persons came to be mentioned in the FIR. The applicants have been
named in the FIR.;
Copyright © Regent Computronics Pvt.Ltd.