RAMESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present application has been filed under Section 439 of Cr.P.C seeking regular bail. The applicant has been arrested in connection with CR No.I-1086/2020 dated 28.8.2020 registered with Shrigonda Police Station, District Ahmednagar for the offence punishable under Section 307 of IPC.

(2.) Heard learned Advocate and learned APP for respective parties.

(3.) It has been vehemently submitted on behalf of the applicant that investigation in the crime, in question, is almost over and further custody of the applicant is not required. The FIR has been lodged by nephew of the present applicant. Informant - Mangesh Swaminath Kedari himself is an accused in CR No.1085/2020 registered with the same police station on the same date. Two offences came to have been registered in respect of almost the same incident. As per the FIR against the informant, i.e. CR No.1085/2020, offence under Section 302 of IPC has been registered for committing murder of real brother of the present applicant by the said informant. That FIR has been registered first in time, i.e. at about 05.56 AM on 28.8.2020 for the incident that has taken place between 12.30 pm to 1.00 pm of 27.8.2020; whereas the FIR that is registered against the present applicant came to be registered at 17.55 hrs. Taking into consideration this aspect false implication cannot be ruled out. Further, it can also be seen from the FIR that the present applicant as well as his brother deceased - Kanifnath and even the informant in this case - Mangesh Swaminath Kedari were under the influence of liquor and, therefore, the incident might have happened in the spur of the moment. There was absolutely no intention on the part of the present applicant to commit murder of his nephew. He, therefore, deserves to be released on bail.