GANESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the applications have been filed under Section 439 of Code of Criminal Procedure by accused No.1, 2 and 4 who have been arrested in connection with Crime No.227 of 2020 by Belwandi Police Station Tq. Shrigonda Dist. Ahmednagar, for the offences punishable under Section 307 , 324 , 323 , 143 , 147 , 148 , 149 , 504 , 506 , 188 , 269 , 270 of Indian Penal Code and Section 2 , 3 , 4 of Epidemic Diseases Act.

(2.) Heard learned Advocate Mr. R. R. Karpe for applicants and learned Additional Public Prosecutor Mr. N. T. Bhagat for respondent- State.

(3.) It has been vehemently submitted on behalf of the applicants that the perusal of the report would show that informant Omkar Waghmare had given a call on 03-07-2020 to accused No.1 but he did not take it, therefore the informant contacted accused No.1 from the mobile of his friend and asked the accused No.1 to return the due amount of Rs.1500/-. Accused No.1 told that he would give the amount but then asked as to why he has contacted him on mobile. He had started abusing on the phone itself, but then asked the informant and his friend to be at Shirur, however the informant and his friend went to Deodaithan. Phone was received by the informant from accused No.1 stating that he would meet him at Deodaithan, and therefore, informant, one Sumit Waghmare and Santosh Waghmare went at about 09.00 p.m. They found accused No.4, 2 and 3 coming on motorcycle having iron rods in their hand. When they were discussing, at that time the accused No.1 along with accused No.5 and 6 went there on motorcycle and they were holding iron rod and glass bottles. Accused No.1 picked up quarrel. Accused No.5 had then given blow of the iron rod on the right hand, right leg and head of the informant. Accused No.1 had caused serious injury to Sumit Waghmare and accused No.4, 2, 3 and 6 had tried to commit murder by assaulting Sumit Waghmare by iron rod. Accused No.5 had then assaulted Santosh Waghmare. Informant and his friends had received severe injuries. Accused went away from the spot by giving threats to them. Thereafter, the informant and others were admitted to hospital. This story would show that the weapon that is allegedly used by the present applicants who are accused No.1 and 2, is of wooden log. In fact, accused No.3 Mohan Dhotre has been released on regular bail by the learned Additional Sessions Judge, and therefore, the present applicants were claiming their release on the ground of parity also, however it was not allowed. As regards evidence is concerned, statements of witnesses have been recorded, charge-sheet is already filed. The city scan report shows only the slight depressed fracture of left parietal and temporal calvarium. One of the ground for rejection was that the witness i.e. Sumit Waghmare is still under treatment, however as per the instructions of the applicants, he has been discharged. Under such circumstance, when the trial would stand after much long period, now the physical custody of the applicants is not required at all. The learned Additional Sessions Judge ought to have released the present applicants also on bail on the ground of parity when allegations against accused No.3 Mohan Dhotre is same.