ADITYA ASHOK MARNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 439 of the Code of Criminal Procedure in Crime No.381 of 2017 registered with Police Station Warje Malwadi, for offences punishable under Sec. 307, 326, 323, 504, 506, 34, 143, 144, 147, 148, 149 of the Indian Penal Code (IPC) read with Sec. 4(27) of Arms Act read with Sec. 37(1) and 135 of Maharashtra Police Act read with Sec. 3(1) (ii), 3(4) of Maharashtra Control of Organised Crime Act (MCOC Act).

(2.) It is the case of prosecution that on 12th October 2017 while the informant and his friend namely Raju Anpur were proceeding on their way to Ramnagar, Warje, all of a sudden accused Vikcy Karjale, Akshay Tingre and their 3 to 4 friends came running on their person. Vicky Karjale gave a blow on the head of Raju Anpur by means of a sharp weapon. Similarly, accused Akshay Tingre and his companion also gave a blow of sharp weapon on his head and he and Raju Anpur were further beating by fist and kick blows. The informant, accordingly, lodged the report.

(3.) Mr.Shailesh Kharat, learned counsel for the applicant, submits that the informant knows the applicant by name, despite that, his name is not given in the First Information Report (FIR). According to the learned counsel, there is confession of A-4 which exculpatory in nature, and therefore, cannot be termed as confession. Even otherwise, the statement of injured witness would go to show that the applicant had not hit any weapon and the role of assault by weapon is attributed to other accused. In such circumstances, it cannot be said that the applicant had taken part in assaulting by using a weapon. Similarly, the charge-sheet does not fulfill the requirement of provisions of MCOC Act qua the applicant and therefore, for all these reasons, the applicant deserves to be released on bail.