In a pivotal ruling, the Bombay High Court’s Aurangabad Bench has granted bail to the accused, Shahadev Karbhari Sanap, involved in a case where the victim died due to severe burn injuries. The judgment was delivered by Justice S. G. Mehare in Bail Application No. 1534 of 2024 concerning C.R. No. I-295 of 2024, a case registered at Sonai Police Station, Ahmednagar.
The case, which attracted significant attention, revolved around the tragic death of a man who sustained 80% burn injuries following a dispute allegedly over a property partition. The incident occurred when a quarrel between the deceased and the accused, Sanap, escalated, and the victim was set on fire by a co-accused.
Background of the Case
The incident occurred in Newasa, District Ahmednagar, on the day the deceased was reportedly extracting petrol from his motorcycle. The prosecution claimed that Sanap and the co-accused confronted the victim, following a heated argument eight days prior concerning a property partition dispute with Sanap’s step-maternal aunt.
As the altercation grew violent, both accused allegedly assaulted the victim. During the confrontation, petrol spilled over the victim, and the co-accused set him ablaze with a matchstick. The victim suffered fatal burn injuries and succumbed shortly after.
Sanap’s lawyer, Mr. Sandip R. Andhale, asserted that the accused had no direct involvement in the victim’s death, claiming his client had been falsely implicated due to the property dispute. He argued that Sanap only exchanged verbal abuse and did not inflict life-threatening harm, pointing out that no weapon was used by the applicant. The counsel emphasized that Sanap had no prior criminal history.
Conversely, the victim’s counsel, Mr. R. S. Sadaphule, presented a different perspective. He argued that the accused played a key role in the incident and had been absconding for a significant period, heightening the possibility of evasion from trial. Furthermore, the prosecution highlighted that the applicant and the deceased resided in close proximity, which could pose a threat to witnesses, including the deceased’s 14-year-old daughter.
Court’s Observations and Ruling
In his decision, Justice S. G. Mehare carefully weighed the arguments from both sides. The court acknowledged the serious nature of the offence, noting the fatal burn injuries. However, it highlighted an important aspect of the case: “So far as the allegations against the applicant are concerned, except beating by kicks and blows, there are no other allegations against him. The deceased did not die immediately.”
Further, Justice Mehare observed that the allegations primarily implicated the co-accused in setting the victim on fire. As for Sanap, the court noted that he only participated in the physical assault and was not responsible for causing the fatal injuries directly. The court underscored that the accusations about the petrol spill and the subsequent fire were matters of evidence, requiring careful appreciation during trial.
Given Sanap’s strong roots in his village and the absence of a history of criminal behavior, the court decided that keeping him in custody would serve no meaningful purpose. The court, however, set stringent conditions to ensure justice and safeguard the prosecution’s case.
Conditions for Bail
1. The applicant must furnish a personal bond and surety bond of ₹50,000.
2. Sanap is prohibited from tampering with any prosecution witnesses.
3. He must report to the police station as required until the charge sheet is filed.
4. Sanap is barred from entering the village Mahalaxmi Hivare, Taluka Newasa, District Ahmednagar, for six months following his release.
In light of these considerations, Criminal Application No. 3729 of 2024, which was filed by the victim’s family opposing the bail, was disposed of.
Case Details:
– Bench: Justice S. G. Mehare
– Applicant’s Advocate: Mr. Sandip R. Andhale
– Victim’s Advocate: Mr. R. S. Sadaphule
– Prosecution Advocate: Mr. A. A. A. Khan
– Case Number: Bail Application No. 1534 of 2024
