MIRASAHEB @ MIRYA IBRAHIM MUJAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail.

(2.) The applicant (accused No.2) alongwith co-accused is facing prosecution for the offence punishable under Section 302, 201 and 120(B), 384 r/w. 34 of the IPC for having intentionally caused the death of one Sagar Manik Pathrut.

(3.) The prosecution case as disclosed from the complaint of Akash Pathrut, who is the brother of the deceased, is that there was a previous enmity between two groups, one comprising of the applicant and his friends Omkar Sanmukh (accused No.1) and Ibrahim Mujawar (accused No.3) on one hand and the deceased Sagar Pathrut and his friends namely Sagar Pujari, Sanjay Chalwadi and Vishal Hatekar on the other. Previously, on 22/9/2018, accused No.1 Omkar Sanmukh had lodged a compliant attributing assault against the deceased Sagar Pathrut and his friends. It is said that apprehending trouble, the deceased had gone to reside with his maternal aunt at Gokak (Karnataka) for two months. It is said that the applicant alongwith the co-accused were visiting the house of the deceased and inquiring about his whereabouts. It is also alleged that the applicant and the co-accused were making a demand of Rs.20,000/- with the deceased and his family members in order to withdraw the complaint dated 22/9/2018 lodged by Omkar Sanmukh.