AKSHAY BABANRAO HAJARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application has been moved by the applicant under Sec. 438 of the Code of Criminal Procedure apprehending arrest under Sec. 302, 143, 147, 148, 149, 201 and 212 of Indian Penal Code (IPC) and under Ss. 3, 4, 25 and 27 of the Arms Act registered vide Crime No.385 of 2021 with Police Station Khed, Pune.

(2.) The informant is brother of Rahul @ Pappu Kalyan Wadekar (deceased for short). On 12/11/2021, at about 12.12 a.m., informant received a phone call from one Vilas Uttam Kedari that the deceased had been fired at Village Holewadi and therefore, he rushed only to find the deceased dead. It is alleged in the First Information Report (FIR) that accused Miling Vitthal Jagdale, Bunty Vitthal Jagdale, Mayur Vitthal Jagdale, Sachin Shantaram Patne, Tausif Shaikh and Pravin @ Maruti Thigle on account of earlier dispute and verbal altercation with Sachin Patne assaulted the deceased by firing at him and then by means of a sharp weapon and also hit on the head of deceased and caused his death. First Information Report (FIR) accordingly came to be lodged.

(3.) Mr.Sujay Gangal, learned counsel for the applicant, submits at the outset that the applicant is nowhere named in the FIR. It is only during the course of investigation, he came to be added as an accused and that too on the basis of Remand Report. The learned counsel also invited my attention to the Remand Report (page 35) wherein the Investigating Officer averred that apart from the above said accused, accused Pawan Sudhir Thorat and Akshay Hajare i.e. the present applicant were also involved and accordingly sought addition of Ss. 201 and 212 of IPC. According to the learned counsel, the applicant is ready to abide by any conditions which may be imposed by this Court.