VIJAY BABASAHEB WAKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel appearing for the applicant in Criminal Application No.1126 of 2020. For the reasons stated in the application, the same is allowed in terms of prayer clause "B" and disposed of accordingly.

(2.) The applicant is seeking Regular Bail in connection with Crime No.138 of 2020 registered with Nanal Peth Police Station, Taluka and District Parbhani for the offences punishable under Section 302, 201 r/w Section 34 of IPC. His application with similar prayer bearing Criminal Misc. Application (Bail) No.427 of 2020 came to be rejected by the learned Additional Sessions Judge-3, Parbhani vide order dated 11.06.2020.

(3.) Learned counsel for the applicant submits that the applicant was not identified by the eye witnesses. It has been alleged by the said eye witnesses that the person, who assaulted the deceased, had covered his face with help of handkerchief. Learned counsel submits that no identification parade was conductedby the Investigating Officer during investigation and as such, there is no identification of the present applicant. Learned counsel submits that considering the oral dying declaration allegedly made by the deceased before the informant and her son - Ganesh, however, prima facie it is difficult to gather murderous intention on the part of the applicant. Learned counsel submits that as per the oral dying declaration and even as per the statement of eye witnesses, the assailant had inflicted blows on the thighs of deceased with the help of knife and not on any other part of the body. Learned counsel submits that though there is a reference to the earlier incident, however, the applicant's wife is no more and at present, one girl child is there and nobody is in the family to look after her. The applicant is ready to abide any conditions, if imposed by this Court. The applicant may be released on bail.