V.M. Deshpande JUDGMENT
V.M. Deshpande, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel Shri J.M. Gandhi for the applicant, learned counsel Shri D.V. Chauhan for non-applicant No. 2 Sharad Gomekar, and learned Additional Public Prosecutor Shri N.B. Jawade for the State.
2. This is an application under Section 439(2) of the Code of Criminal Procedure.
3. By the present application, the applicant is challenging grant of bail in favour of non-applicant No. 2 Sharad Gomekar vide order dated 20.9.2017 passed by learned Additional Sessions Judge-3 at Nagpur in Misc. Criminal Application No. 1847/2017.
4. Though the challenge is set up to grant of bail by the applicant on the grounds of (i) judicial propriety and (ii) on merits, I feel that this application can be allowed on the first ground itself. Since this Court is granting the prayer of the applicant on that count alone, the Court is not going in detail about the case of non-applicant No. 2 Sharad Gomekar on its own merits or demerits as it is my considered view that merits and demerits of the case of non-applicant No. 2 Sharad Gomekar were already considered by this Court (Coram : P.N. Deshmukh, J.) on 24.1.2017.
5. Following are the facts which give rise to the present application.
6. On 24.10.2014, Gopal s/o. Muneshwar Singh approached to Kanhan Police Station, District Nagpur and lodged his report. The report was disclosing commission of cognizable offence. Therefore, the police station authorities at Kanhan registered the offence vide Crime No. 139/2014 for the offences punishable under Sections 143, 147, 148, 149, 302, and 307 of the Indian Penal Code and under Sections 3, 4, and 25 of the Arms Ac, 1959 and under Section 135 of the Bombay Police Act, 1951.
7. As per the prosecution case, on 23.10.2014, which was a day of 'Diwali', 'Pooja' was kept at the company at his hand. Therefore, at 10:20 in the night, his son Sunny Singh (injured) came along with various articles required for performing the 'Pooja: At that time, Shital Singh (deceased) was present in the house. Sunny Singh (injured) dropped the first informant and, thereafter, went towards the house for bringing Shital Singh (deceased). However, since Priest was not available, he, on the motorcycle of one worker Rajkumar Gondane, went to village Kandri. At 11:00 O'clock in the night, Sunny Singh (injured) made a phone call on the cellphone of the first informant and informed him that near 'Pan-Shop' of one Rampal, Shital was attacked by Sooraj Gomekar and his brother Amar Gomekar by using gun and when he tried to intervene, Sooraj Gomekar, non-applicant No. 2 Sharad Gomekar, and others assaulted on him by means of sticks and swords. He also received a phone call from Sunny Singh by which it was informed that when Sunny along with his other friends were taking Shital to 'Aasha Nursing Home, they were again encircled by the accused persons and again made a second assault on them due to which Sunny received severe head injuries. It was also informed by Sunny to the first informant that he should reach immediately along with the police and h........