AMOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant- Amol s/o Bapurao Aaswar, is seeking bail in connection with Crime No.0272/2019, registered with Parbhani Gramin Police Station, Parbhani, for the ofences punishable under Sections 302, 449, 120-B read with Section 34 of the Indian Penal Code.

(2.) Heard both sides.

(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 present crime, since 14 th November, 2019. Learned Counsel for the applicant submits that the prosecution case entirely rests upon circumstantial evidence and there is no connecting evidence as against the applicant. The learned Counsel submits that the First Information Report came to be lodged against unknown persons. Applicant is the step-brother of the deceased. According to the prosecution story, as per the complaint lodged by the informant, who happened to be wife of the deceased, is that during the intervening night of 07 th & 08th November, 2020 at about 01.15 a.m., three unknown persons entered in the house of the deceased and spread some liquid on the face of the deceased and informant. It is further alleged that thereafter those three unknown persons tied legs of the deceased with the help of rope and dragged him outside his house. It is further alleged in the complaint that those three unknown persons have committed murder of the deceased. The learned Counsel submits that the informant has described clothes on the persons of said unknown persons as she had seen them in the light of electrical bulb in the room. The learned Counsel submits that though the applicant is step-brother of deceased, the informant has not identifed him as an assailant. The learned Counsel submits that during the course of investigation, though certain articles came to be recovered from the co-accused by drawing panchanama under Section 27 of the Evidence Act, however, nothing has been recovered at the instance of the present applicant. There is no motive for the applicant to commit murder of deceased, who happened to be his step-brother. The learned Counsel submits that there is no chain of circumstantial evidence. The applicant has fied place of residence. The applicant is easily available for trial. He, therefore, submits that the applicant may be released on bail.