RASUL PIRAHEMAD PALAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed by accused for getting bail under Section 439 of the Code of Criminal Procedure, 1973. He is praying for bail, in the background of directions of the Hon'ble High Power Committee dated 11.05.2020, on the backdrop of Covid-19 Pandemic situation. Those directions have been given by Hon'ble Supreme Court in Suo-moto Writ Petition (C) No.1 of 2020 by Hon'ble Supreme Court.

(2.) Heard learned Advocate Mr. P.V. Barde for applicant and learned APP Mrs. D.S. Jape for State.

(3.) It has been vehemently submitted on behalf of the applicant, that perusal of the First Information Report would show, that it has been filed by the brother of the deceased on the basis of information supplied to him by his another sister Bhagirathibai. It is alleged that the present applicant had set the deceased to fire and then committed her murder. Deceased was, in fact, a married lady with another person, however, since last about 10-12 years she was residing with the applicant and there was illicit relation between them. It is also stated in the FIR itself, that since the illicit relations were not accepted by the relatives of the deceased, since last about 2 years deceased was staying in a rented premises. The applicant was not staying with her in that premises. Only on the basis of information by the another sister Bhagirathibai, that when she was climbing the stairs going towards rented premises of deceased, she had seen the present applicant climbing down running and then Bhagirathibai saw deceased in fire. Except the statement of Bhagirathibai there is no other evidence against the present applicant. He is in jail since 26.02.2019. The jails are crowded and there is no possibility of maintaining social distancing, which will prevent the applicant from the disease, therefore, the concerned Court ought to have released the applicant on interim bail.