SHRIKRISHNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri Daga, learned counsel for the applicant and Shri Ghodeswar, learned APP for the non-applicant - State, through video conferencing.

(2.) The applicant, who was arrested on 29.04.2020 for the offence punishable under Sections 302 , 353 , 143 , 109 , 269 and 270 of the Indian Penal Code along with Section 51(b) of Disaster Management Act, 2005, Sections 2, 3 and 4 of Epidemic Regulations, 2020, registered vide Crime No. 94 of 2019 by the Police Station Jalamb, Tahsil - Shegaon, District - Buldana, has filed this application for grant of bail.

(3.) It is the case of the prosecution that on 29.04.2020, one Shrikrishna Wankhede had lodged report with Police Station, Jalamb, alleging that in the night of 28.04.2020, Police Constable (P.C.) - Umesh Sirsat tried to stop a tipper at Matargaon - Varad Road, as the information was received by the Police that one Bharat Mirge and Vishal Gawali are illegally transporting sand in the said tipper. When P.C. Umesh Sirsat asked the driver to stop the tipper, instead of stopping, the driver drove the tipper on the person of Shri Umesh Sirsat, due to which P.C. Umesh Sirsat died. It is alleged in the report that total five persons were present in the said tipper. On the report of Shrikrishna Wankhede, FIR was registered against Vishal Gawali and Bharat Mirge and three unknown persons and charge sheet was filed.