VISHAL @ KOTYA SANJAY SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant is charge-sheeted in C.R.No.776/2019 which invoke Sections 302, 324, 323, 504,506(ii), 143, 144, 147, 148, 149 of IPC and Section 37(1) read with 135 of Maharashtra Police Act along with Section 4(25) of Indian Arms Act. The matter is already committed to the Sessions Court vide Sessions Case No.165/2020. The application fled by the Applicant seeking to release on bail came to be rejected by the Sessions Court on two occasions, which constrained him to approach this court. T

(2.) The investigating machinery was set into motion on a complaint fled by one Ramprabhu Mote, who informed the police station that he is running a hotel at Baner, Pune and his nephew Santosh is running a Pan Kiosk next to his hotel.

(3.) In the evening at about 5.15 when he was present in the hotel, he overheard shriek from Santosh and his mother-inlaw and he witnessed that the three persons, who earlier had a row with him, were present and out of them two persons had caught Santosh by his hands and one person with dark complexion assaulted him by means of a gupti, in his stomach. He fell down and started bleeding. When he attempted to intervene, the same person, who had assaulted Santosh, also gave blows to him which landed on his right hand thumb and his forearm. Thereafter, all the three persons left the spot. The number of the motorcycle was noted by Santosh 's mother-in-law and that is how the FIR came to be lodged.