SUNIL LAXMAN NIKAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are seeking Regular Bail in connection with Crime No.314 of 2020 registered with Shevgaon Police Station, Taluka Shevgaon District Ahmednagar for the offences punishable under Sections 302, 307, 323, 504 r/w Section 34 of IPC. His application with similar prayer bearing Criminal (Bail) M.A. No.871 of 2020 came to be rejected by the Additional Sessions Judge, Ahmednagar vide order dated 03.08.2020.

(2.) Learned counsel for the applicant, on instructions, seeks leave to withdraw the application of applicant no.1 - Sunil Laxman Nikam with liberty to file an application for regular bail after filing of charge- sheet. Leave granted. The application of applicant no.1 - Sunil Laxman Nikam is dismissed as withdrawn with liberty to file an application for regular bail after filing of the charge sheet.

(3.) Learned counsel for the applicant submits that though name of applicant No.2 - Bhagchand is mentioned in the FIR with a specific role attributed to him, however, as per the allegations made in the complaint, it appears that the incident had taken place in heat of anger. Deceased - Kakasaheb had given abuses to co-accused Sunil and thereupon, co-accused - Sunil and the present applicant rushed towards the house of the complainant. Learned counsel submits that after reaching there, co-accused - Sunil allegedly took out a spade lying nearby and inflicted the blow on the neck of deceased - Kakasaheb with the help of spade from its blunt side. So far as applicant No.2 - Bhagchand is concerned, it has been alleged that he took out one agricultural equipment and gave blows on the legs of deceased - Kakasaheb. Thereafter, both of them extended beating to the deceased with the help of fist and kick blows. Learned counsel submits that initially, crime came to be registered against them under Section 307 of IPC. However, after the death of Kakasaheb, the same has been converted into Section 302 of IPC. There is no criminal history. The incident had taken place on some trifling reasons. Applicant No.2 -Bhagchand may be released on bail.