ARJUN AMOGSIDDHA SHELKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail in connection with CR No.73 of 2019 registered with Lonikand Police Station for offences punishable under Sections 302, 201 r/w 34 of Indian Penal Code . The applicant was arrested on 3rd February 2019.

(2.) The prosecution case is that Mr.Ramesh Jadhvar filed FIR contending that Kundalik Khandekar filed FIR on 1 st May 2018 with Sambajinagar Police Station, Parli Vaijanath. According to the said FIR, Manibai Dhagekar, Sandip Kalel, Sidba Kalel, Arjun Shelke, Shesrao Khandekar had kidnapped Vimalabai from bus stand of Parli Vaijanath. During investigation Janardhan Dhagekar gave statement and Kundalik Khandekar gave supplementary statement. They stated that to avoid inconvenience they filed complaint of kidnapping at Parli Vaijanath. In fact, two months prior to the incident, Vimalbai and Janardhan Dhagekar had come to Pune at work and the said incident had occurred within the limits of Lonikand Police Station. The case was transferred to Lonikand Police Station. During investigation it was revealed that Maina Dhagekar told her brother Sandip Kalel that her husband had kept illicit relation with Vimlabai. Due to which Sandip and Arjun went to Wagholi and met Mainabai and her husband. On their insistence they took meal and thereafter they made to sit Vimalbai on the motorcycle. Thereafter the victim Vimalbai was killed by giving blow of stone on her head and buried her on the ditch.

(3.) The applicant had preferred application for bail before the Sessions Court, which has been rejected by order dated 1 st October 2019. While rejecting the said application it was observed that statement of Rajendra Gunjal, Vasant Thorat and Sunil Dhavle show that the applicant was last seen with accused. The dead body was recovered by Sandip Kalel Prior to the incident the applicant and the accused had gone on motorcycle with Vimalbai. They were last seen together by prosecution witnesses.