BIBHISHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in connection with crime No. 126 of 2020 registered with Kasarshirshi police station, District Latur for the offences punishable under Sections 302 , 326 , 324 , 323 , 506 , 337 , 143 , 147 , 148 , 149 of I.P.C. and under Section 135 of the Maharashtra Police Act. His Bail application Exh. 28 in Sessions Case No. 14 of 2020 with similar prayer came to be rejected by the learned Additional Sessions Judge, Nilanga vide order dated 07.11.2020.

(2.) Brief facts giving rise to the present bail application are as under:-

(3.) On the basis of the complaint lodged by one Shatrughna Patil dated 24.5.2020 the aforesaid crime came to be registered. On 23.5.2020 at about 1.00 p.m., co-accused Vidyaman Tatyarao Barmade came to village Bolegaon from the State of Uttar Pradesh in a truck. There was outbreak of COVID-19 and therefore, the informant, the President of Litigation Free Village viz. Prakash Mane and other villagers requested co-accused Vidyaman Barmade to stay away from the village for a certain period. However, said co-accused Vidyaman Barmade alongwith his relatives refused to accept the said suggestion and further threatened the informant and other villagers to do whatever they want. On 24.5.2020 at about 2.30 a.m., the informant, his cousin and other family members woke up due to pelting of stones. Co-accused Vidyaman Tatyarao Barmade stabbed the father of the informant on his chest. Co-accused Bharat Solanke stabbed the cousin of the informant viz. Vaibhav on his abdomen. It has been alleged that the other co-accused persons including the applicant extended beating to the informant, injured Bharat Shahaji Patil, Sagar Shahaji Patil and Shridhar Chandar Patil with the help of iron rod. In consequence of the said beating, two persons viz. Vaibhav Patil and Shahaji Kisan Patil sustained serious injuries and died subsequently. It is with these contentions the aforesaid F.I.R. came to be filed.