SAMEER RAJ ALIMGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By this Appeal, the Appellant seeks quashing and setting aside of the Order dated 02.09.2020 passed by the learned Additional Sessions Judge, Pandharpur, District - Solapur in Special Case No. 06 of 2020, by which the Appellant's regular bail came to be rejected and seeks the Appellant's release on bail in connection with C. R. No. 1115 of 2019 registered with the Sangola Police Station, District - Solapur for the alleged offences punishable under Section 302 r/w 34 of the Indian Penal Code ( for short ' IPC ' ) and under Section 3(2)(va) of the Scheduled Caste And Scheduled Tribe (Prevention of Atrocities) Act .

(3.) Learned counsel for the Appellant submits that taking the prosecution case as it stands, no offence punishable under Section 302 of the IPC is disclosed qua the Appellant, who was 18 and 1/2 years of age at the relevant time. He submits that there was no motive for the Appellant to cause any injury to the deceased - Rahul Kamble much less, his death. He submits that there was a scuffle between the Appellant and two other juvenile co-accused on the one hand and Rahul Kamble, who was under the influence of alcohol, on the other. Learned counsel relied on the statements of the eye witnesses as well as the statement of deceased's wife - Jayshri Kamble, in support of his submissions.