RAHUL SHIVAJI SHENDGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in Crime No.78 of 2020 registered with Police Station Daud, Pune, for offences punishable under Section 143, 147, 148, 149, 384, 387, 302 and 34 of the Indian Penal Code (IPC).

(2.) It is the case of prosecution that on 17th February 2020, at about 11.00 a.m., accused Ganesh Maruti Shendge, Nitin Sunil Lavangare, Lala Balbhim Amner, Prakash Bharat Dalvi, Rahul Shendge (applicant), Amol Sunil Lavangare and two other persons had demanded from applicant extortion amount of Rs.2 lac for digging the sand within the limits of Taluka Daund, Pune. As the said amount was not given and when the informant, his cousin Nikhil Holam (deceased for short) and Ganesh Gopal Holam were digging the sand with the help of fibre boat from the bank of river Bhima, the accused formed an unlawful assembly and started beating the deceased. It is alleged that the applicant had given a blow of iron rod on the head of the deceased while accused Nitin Lavangare had beaten by means of bamboo stick. It is further alleged that, thereafter, they lifted the deceased and threw him in the river Bhima and went away by taking their fibre boat. The informant, accordingly, lodged the report.

(3.) Mr.Ranjit Pawar, learned counsel for the applicant, submits that all accused are released on bail by the learned trial Court except the present applicant. According to the learned counsel, there is delay of three days in lodging the First Information Report (FIR) which has not been accounted for. Investigation is over and no purpose would be served be keeping the applicant behind the bars.