TOYAJ @ ROHIT RAMPYARE SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application is preferred to enlarge the applicant on bail in C.R. No. 230 of 2018 registered with Tulinj police station, Palghar for the offences punishable under sections 302, 364, 364, 201, 120B read with 34 of Indian Penal Code, 1860 (the Penal Code). The applicant was arrested on 14th March, 2018.

(2.) The indictment against the applicant is that he and his brother Pankaj Singh deal in the business of garments. In the year 2013-2014 they had purchased readymade garments, worth rupees eight lakhs from Narendra Mishra (the deceased), the husband of the First Informant, on credit. They did not pay price of the goods despite repeated persuasion by the deceased. As the deceased was aggressively pursuing the payment of the price of the goods, the applicant and the co-accused, in pursuance of the conspiracy to eliminate the deceased, called the latter near Dwarka Hotel, Nalasopara (E) on the pretext of paying part of the unpaid price and kidnapped the deceased in the car bearing No. MH-84-AC-2573. The deceased was assaulted in the car and, eventually, the deceased was done to death at a secluded place near village Mohdul, Tal. Bhiwandi. The deceased was relieved of the ornaments and valuables. With a view to obscure the identity of the deceased and destroy the evidence, the accused smashed the face and head of the deceased by heavy stones.

(3.) I have heard Mr. Shivkumar Mishra, the learned counsel for the applicant and Mr. J.P. Yagnik, learned APP for the State.