SANTOSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant before me, seeks protection from arrest in a C.R. which is registered on 20/05/2019 and the release of the applicant is sought on the ground that on completion of investigation, charge-sheet has been fled against the co accused and a limited role attributed to the applicant is of conspiracy, which does not surface on record, through the said charge-sheet.

(2.) I have heard learned senior counsel Mr.Rajiv Chavan for the applicant and learned A.P.P. Ms.Malhotra for the State. Before I proceed with the application and it's merit, it is necessary to refer to the case of the prosecution in brief.

(3.) One Manojkumar Dubey lodged a complaint with Ghatkopar Police Station on 20/05/2019 alleging that he received a phone call at 11.30 a.m. from his mother, informing that his brother-Sanjay @ Babloo, was assaulted by someone near Radha Krishna Mandir and upon receipt of the said information, he immediately rushed to the spot. He inquired from the persons present on and around, where the incident took place, and reported to the police station that in April 2017, an assault was mounted on him, mistaking him as Babloo, by the present applicant Santosh Mane and four of his other associates and he had sustained injuries, on being assaulted by hockey stick and sword. It is also narrated by the complainant that his brother had expressed to him that there was prevailing enmity between him and the said persons, including the present applicant and they could any time eliminate him, but he had ignored the said warning.