KIRAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel Mr. R. R. Karpe for the applicant in Criminal Application No.2096 of 2020. For the reasons stated in the application, Criminal Application is allowed in terms of prayer clause "B". Criminal application accordingly disposed off.

(2.) The applicant is seeking regular bail in connection with Crime No.216 of 2020 registered with Jamkhed Police Station, District Ahmednagar for the offences punishable under Sections 302 , 323 , 143 , 147 , 148 , 149 , 504 , 506 , 109 , 114 , 188 of the IPC and Section 37(1)(3) read with Section 135 of the Bombay Police Act. His application with similar prayer bearing Criminal (Bail) Misc. Application No.511 of 2020 came to be rejected by the learned Additional Sessions Judge, Shrigonda, District Ahmednagar.

(3.) The learned counsel for the applicant submits that, the investigation is over and the charge-sheet has been submitted. The applicant is in jail in connection with the present crime since 23.05.2020. The learned counsel submits that it appears from the allegations made in the complaint that agricultural fields of the informant and the applicant are almost adjacent to each other and initially at about 10.00 a.m., on the day of incident, the quarrel had taken place on account of excavation of the mud from the agricultural lands by witness Ushabai. It further appears that the father of the informant has given understanding that they would get their respective agricultural lands measured, however, as per the allegations, the applicant and the other co-accused persons quarreled with the informant and his father and tried to beat them. It is further alleged that thereafter the informant along with his father went towards his house and the applicant and the other co-accused persons followed them. They were armed with weapons. The learned counsel submits that as per the allegations, on reaching there, the present applicant has instigated the other co-accused persons to beat the informant, his father and the other persons of his family. The learned counsel submits that however, as alleged in the complaint, deceased Omkar who slept on the cot, extended the beating by co-accused Ajay and Vijay. The learned counsel submits that in respect of the incident occurred on the same date, time and place, on the basis of the complaint lodged by co-accused Ajay, Crime No.217 of 2020 came to be registered against the informant and three others for having committed an offence punishable under Section 307 etc. of the IPC . The learned counsel submits that had there been formation of an unlawful assembly with common unlawful object to extend the beating to the informant and his family members, it is very unlikely that deceased Omkar alone had sustained the injuries in the said assault. The learned counsel submits that the informant is suppressing the material facts. Even there is no reference to the incident for which co-accused Ajay has lodged the complaint. The learned counsel submits that co-accused Ajay has sustained the injuries in the said assault. The learned counsel submits that there is no criminal history. The applicant is an agriculturist, having a fixed place of residence. The applicant may be released on bail.