DEEPAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Advocate Shri NS Ghanekar for applicant and learned APP Shri AM Phule for State.

(2.) It has been vehemently submitted on behalf of the applicant that, the FIR lodged against the present applicant is nothing but an outcome of concoction of story.The entire family of the present applicant has been roped. Though the offence under Section 307 ofIPC has been inserted lateron; yet perusal of the charge-sheet would show that there was absolutely no intention to commit murder of anybody. The informant has received only simple injuries and only one Prayagabai has received one grievous injury. In fact, Section 326 of IPC has also been invoked. Now, the investigation is over and charge sheet has been filed. Therefore, physical custody of the applicant is no longer required.The informant claims that he was assaulted by 6-7 persons by sticks; stones and rods on head. However, this is not corroborated with medical evidence. Except accused Nos.1, 2 and 11, all other accused persons were released on anticipatory bail. Now,the informant isdischarged from thehospital and, therefore, there is less likelihood of addition of anysection. The application filed by the applicant before the Additional Sessions Judge has been unnecessarily rejected on assumed grounds, which have no basis at all.Learned Advocate for the applicant, therefore, prayed for release of the applicant on bail.

(3.) Per contra, leaned APP submitted that the incident had started with a trifle incidence; yet when the applicant and his relatives were armed with sticks; axe, iron-rods etc., then definitely terror has been created.Mother of the informant has received fracture injury to her right arm. So also, by the present applicant, she was assaulted on her left palm by axe. Specific roleis attributed to each and every accused. Weapons used in the commission of the crime have been recovered and, therefore, there is ample evidence against the present applicant. Therefore, the applicant cannot seek bail as of right.