JAGDISH M JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) APPREHENDING arrest in C.R.No. 3/2001 of Mahabaleshwar police Station which is presently being investigated by the State C.I.D.and wherein it is alleged that the applicant offence punishable under section 302 read with 34 and 120-B of the Indian Penal Code, the applicant has preferred this application for anticipatory bail.

(2.) ACCORDING to the prosecution the applicant's family and complainant Devendra Singh Parihar's family knew each other as they were residents of Pune. There was a love affair between Hema, the daughter of the applicant and Kunal the deceased son of the complainant. They had eloped and stayed at various places like Goa, Gauhati and Bangalore and ultimately they got married. A missing complaint was lodged with the police on 29th May, 2000 regarding Hema. Hema, however, sent a sworn affidavit to the police inter alia stating that she had voluntarily left the house and married Kunal.

(3.) ACCORDING to the applicant thereafter there was some kind of amicable settlement between the two which, however, is disputed by the prosecution. What seems to have led to the present crime is the fact that deceased Kunal got engaged to one another girl from Baroda on 25th February, 2001 and the marriage was fixed on 30th November, 2001. This was not liked by the applicant and the members of his family and, therefore, they hatched a conspiracy to eliminate Kunal. According to the prosecution a sum of Rs.80,000/- was paid by accused 6 to accused 7 who was the driver of the applicant, at the instance of the applicant in order to do away with Kunal. Contract killers were engaged and Kunal was done to death. Dead body of Kunal was found on 21st April, 2001 near Hotel Saj at Mahabaleshwar, Panchagani Road at about 20.30 hrs.