BHAURAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant has moved this application u/s 439 of Cr.P.C . seeking release on regular bail for the reasons set out in detail in the application.

(2.) Heard learned counsel for applicant, learned A.P.P. for State and counsel representing the intervener/informant. Perused charge sheet and the Order dated 20/03/2019 passed by this Court in ABA No. 1586 of 2018.

(3.) In brief, it is the contention of learned counsel for applicant that even if the allegations made in the F.I.R. and the evidence gathered by the prosecution attributing role played by the applicant in commission of offence, it could be gathered that the fatal injury which resulted into causing death of the deceased was not attributed to the applicant. The informant has alleged in the complaint that applicant has assaulted by means of stick over the right leg of deceased in the incident of assault. It is submitted that the applicant is more than 72 years of age with no criminal antecedents. The incident leading to commission of offence was occurred on account of dispute of drainage of rain water through the field of accused persons. The applicant is arrested on 27/09/2018. He is in jail for more than two years. The trial has not commenced. In view of pandemic due to COVID-19 the normal functioning of the Court is affected and the physical hearing of the case not likely to be taken place in near future. It is submitted that the applicant is ready to abide by the conditions that may be imposed while releasing him on bail.