WASIM BASID KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are seeking regular bail in connection with Crime No.294 of 2020 registered with Sadar Bazar Police Station, Jalna, District Jalna for the offences punishable under sections 302 , 307 , 324 , 325 , 323 , 504 , 506 , 143 , 147 , 148 , 188 , 269 , 270 of the Indian Penal Code and under section 51 (B) of Disaster Management Act. Their application with similar prayer bearing Criminal Bail petition No.1196 of 2020 came to be rejected by the learned Additional Sessions Judge-4, Jalna vide order dated 5.9.2020.

(2.) Learned counsel for the applicants submits that though names of the applicants are mentioned in the First Information Report, however, general allegations have been made against them. Learned counsel submits that allegations have been made mainly against co-accused Mohammad Siddique Mohd. Kousar Shaikh. It has been alleged in the complaint that co- accused Mohammad Siddique Mohd. Kousar Shaikh has extended beating to the deceased Basantibai with the help of stick on her head, back, chest, hand and legs and so far as the applicants and other co-accused persons are concerned, it has been alleged that they have extended beating with the fst and kick blows. It has also been alleged that co-accused Mohammad Siddique Mohd. Kousar Shaikh has tried to kill deceased Basantibai by using his motor-bike and given a forcible dash of his motor-bike to the deceased Basantibai. In consequence thereof, deceased Basantibai had sustained injuries on various parts of her body. Learned counsel submits that only in the supplementary statements, eye witnesses and informant have alleged that present applicants were holding plastic pipes and they have extended beating to the deceased Basantibai with the help of plastic pipe. Learned counsel submits that there are no injuries in column no.17 indicating blows with the help of plastic pipe. Learned counsel submits that there is no criminal history. The applicants are the young persons. They have fxed place of residence and they are easily available for trial. Investigation is over and charge-sheet has been submitted. The applicants are ready to abide any condition, if imposed by this court including the condition as not to enter in the Jalna city till the conclusion of the trial. The applicants may be released on bail.

(3.) Learned A.P.P. has strongly resisted the application on the ground that names of the applicants are mentioned in the FIR with the specifc role ascribed to each of them. Learned APP submits that the informant and eye witnesses four in numbers in their supplementary statements have alleged that present applicants have assaulted the deceased and inficted injuries on her person with the help of plastic pipe. Prima facie, there is a evidence about formation of an unlawful assembly and in prosecution of their common object incident had taken place. Thus, the applicants are also liable for the act committed by the co-accused. Learned APP submits that at the instance of the applicant no.1 Wasim Khan, said plastic pipes three in numbers came to be recovered under the panchnama drawn under section 27 of the Evidence Act. Prima facie, there is strong case against the applicants. The applicants may not be released on bail.