Justice Urmila Phalke Joshi has released Ganesh Suresh Hawa R/o Kalambeshwar, Mehkar, Dist Buldhana on regular bail.
Nagpur :- He was arrested in connection with Crime No.77/2023 registered with Police Station Janefal, District Buldhana for the offence punishable under Section 326 read with Section 34 of the Indian Penal Code and subsequently converted under Section 302 of the Indian Penal Code after the death of deceased. Ganesh was arrested on 25.03.2023 and since then he is in jail.
The crime was registered on the basis of report lodged by Anil Wamanrao Changade on an allegation that on 07.03.2023 at about 5.00 p.m. his younger brother informed him that he is proceeding for dinner along with his friend. At about 9.00 p.m. he received the information that his brother has sustained the injury and admitted in the hospital. On inquiry, he came to know that when his brother had been to the agricultural field of one Parshuram Borade for having dinner. At that time, one Sagar Ashok Borade slapped him and present applicant pushed him. At that time, co-accused Suraj Parshuram Borade assaulted him by means of kicks and blows on his private part. Immediately, he was shifted to the hospital. However, during treatment, he succumbed to the death. On the basis of the said report, police have registered the offence against the present Ganesh and Suraj Borade.
It was submitted that, FIR reveals that Ganesh has not directly assaulted on the head of injured and in fact he has received head injury after falling. Therefore it is clear that, applicant did not have any intention to cause head injury to injured.
It is submitted that, from the perusal of a FIR, it is clear that, though the alleged incidence took place on 7-03-2023, FIR has been lodged on 23-03-2023 i.e. after a delay of 16 days in lodging FIR without there being any explanation for the same which makes the case of prosecution doubtful.
Further injured was taken to Sasoon Hospital Pune even though there are so many hospitals available in Buldhana itself which also makes the prosecution doubtful.
Considering he submissions, Justice Urmila Phalke Joshi has released Ganesh Suresh Hawa R/o Kalambeshwar, Mehkar, Dist Buldhana on bail.
Adv Mir Nagman Ali appeared for Ganesh Hawa.
