DATTAHARI BALAJI SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Learned counsel for the applicants, on instructions, seeks leave to withdraw the application of applicant No. 3 Manika Balaji Sawant. Leave granted. The application of applicant No.3 Manika Balaji Sawant is dismissed as withdrawn.

(2.) The applicant Nos. 1, 2, 4, 5 and 6 are seeking bail in connection with crime No. 77 of 2019 registered with Umri police station, District Nanded for the offences punishable under Sections 302 , 307 , 325 , 143 , 147 , 148 , 149 of I.P.C. and Sections 135 of Arms Act. Their application bearing Misc. Criminal Application No. 140 of 2019 with similar prayer came to be rejected by the learned Additional Sessions Judge, Bhokar vide order dated 23.9.2019.

(3.) Learned counsel for the applicants submits that in respect of the incident which had taken place on 7.6.2019, both the groups have filed complaints against each other. On the basis of complaint lodged by applicant No.5 Shankar Digambar Bharkad, crime No. 74 of 2019 came to be registered against the informant Shantabai Vishwambhar Bharkad, Vishwambhar and Pundlik for the offences punishable under Sections 302 , 307 r.w. 34 of I.P.C . One person viz. Rameshwar from the applicants' side died due to stab injury. Learned counsel submits that there was almost free fight and in view of the same, individual acts are required to be considered. Learned counsel submits that there are allegations against co-accused Manika, whose application came to be withdrawn today, that he has given a blow of wooden log on the head of deceased Vishwambhar and the cause of death of deceased Vishwambhar is due to head injury. Learned counsel submits that so far as injured Shantabai and Pundlik are concerned, they have not sustained any serious injuries. The applicants are ready to abide the conditions if imposed by this Court while releasing them on bail, including as not to enter within the limits of village Gortha, Tq. Umri, District Nanded, till the conclusion of trial.