LAWS(BOM)-2020-2-79

PRAKASH BANDU VISPUTE Vs. STATE OF MAHARASHTRA

Decided On February 03, 2020
Prakash Bandu Vispute Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) These are the applications under Section 439 of the Code of Criminal for bail in connection with Crime No.I-245/2018 registered with Shirdi Police Station, District Ahmednagar for the offences punishable under Sections 302 , 364 , 201 read with Section 34 of the Indian Penal Code, pending in the Sessions Court at Kopargaon as Sessions Case No.30/2019.

(2.) As far as the applicant Prakash is concerned this is the first application for bail. So far as applicant Arbaj is concerned it is a successive application, the earlier application bearing Bail Application No.471/2019 was rejected by this Court by the order dated 03.05.2019. Both the applicants are now seeking bail on the ground of parity inter alia with accused Prem Sudhakar Shejwal who has been granted bail by this Court in Bail Application No.1269/2019 by the order dated 21.11.2019.

(3.) In sum and substance the allegations by the prosecution are to the effect that on 06.11.2018, the deceased was killed by the accused persons as a result of some quarrel erupted between them on the one hand and the deceased on other, on account of payment of bill for liquor. It is alleged that the quarrel ensued between the deceased and applicant Prakash. The other accused thereafter along with Prakash took the deceased away on a motorcycle and later on he was found dead.