LAWS(BOM)-2020-6-140

MUKTIRAM MANAJI GEJAGE Vs. STATE OF MAHARASHTRA

Decided On June 29, 2020
Muktiram Manaji Gejage Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The applicant is seeking regular bail in connection with crime No. 168 of 2019 registered with Sonpeth police station, District Parbhani for the offences punishable under Sections 302 , 323 , 504 of I.P.C. His application Exh.7 in Sessions Trial No. 92 of 2019 with similar prayer came to be rejected by the learned Additional Sessions Judge, Gangakhed vide order dated 20.12.2019.

(2.) Learned counsel for the applicant submits that deceased Maroti was the father-in-law of applicant. There are allegations in the complaint about quarrel between the applicant and his wife Indu on the date of the incident and in the said quarrel when deceased Maroti tried to intervene, the applicant extended beatings to deceased Maroti with the help of wooden log. The informant himself on 15.7.2019 when the incident has taken place on 14.7.2019, submitted a report in the concerned police station wherein he has specifically stated that his father has sustained accidental injury. On the basis of the said report dated 15.7.2019, A.D. No. 23 of 2019 came to be registered in the concerned police station.

(3.) Learned A.P.P. has strongly resisted the application on the ground that there are eye witnesses to the incident and the applicant has given blow of wooden log on the head and abdomen of deceased and as a result thereof, deceased died due to laceration on liver. Learned A.P.P. submits that in the statement recorded under Section 164 of Cr.P.C. Indu, the wife of applicant, mother of witness Indu, have stated about the blow of wooden log given by the applicant on the abdomen of deceased. Prima facie, there is strong case against the applicant. There is strong possibility of tampering with the prosecution evidence. The applicant may not be released on bail.