SOMNATH BHIMRAO JALAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application to enlarge the applicant on bail in CR No.590 of 2021, registered with Indapur Police Station, District Pune, for the offences punishable under Ss. 302, 307 and 342 read with Sec. 34 of the Indian Penal Code, 1860 ("the Penal Code").

(2.) The prosecution case runs as under: Shivraj Hegde (the deceased) was a resident of Nimgaon Ketki, Taluka Indiapur. Prior to two to three years of the occurrence, the deceased had sold his agricultural land admeasuring 2 Acre 20 Are to the applicant - accused no.2. It was agreed that the deceased would repay the amount and thereupon the applicant would execute re-conveyance in favour of the deceased. The applicant allegedly reneged from the said promise. Navnath Raut, the co-accused, also had a grudge against the deceased as the co-accused had solemnized marriage with the former wife of the deceased, after she obtained divorce from the deceased. The prosecution alleges, the relationship between the deceased and the applicant was strained on the aforesaid count.

(3.) On 7/6/2021, while the deceased was filling petrol in his motorcycle at Yashraj Petrol Pump, the applicant and co-accused Navnath accosted him and on the point of a pistol forced him to board a four-wheeler. The deceased was taken to an unknown place. He was confined in a room. The applicant allegedly asserted that the deceased still owed certain amount to him.