SANDEEP BALASAHEB BHEGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are admitted to interim protection by order dated 18th October 2019. It is nearly two years now and the interim protection still remain in force. The learned APP however, make a statement that the investigation is not yet complete. When asked, for what purpose, the custody of the applicants is required, it is informed that the weapon used in commission of the offence is yet to be recovered.

(2.) The applicants are arraigned as accused in C.R.No. 123 of 2019 which invoke Section 323, 325, 364, 504, 504, 143, 147, 148, 149 of the IPC. Today, the learned APP make a statement that even Section 326 of the IPC has been invoked.

(3.) The medical certificate produced on record of the injured Kalpesh Marathe at a private hospital record two linear fracture lines of upper shaft of Tibia and one undisplaced fracture of shaft of Ulna. Assuming for a moment that the offence under Section 326 of the IPC gets attracted in the light of the injury certificate, the Application cannot be kept pending for two years since it is informed that the applicants had attended the police station on the given dates, in terms of the order dated 18th October 2019, and noting that it is a case of cross-FIR, the investigation must come to an end.