BABAN @ BAPU MOHAN BHOITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant-accused No.4, who has been arraigned for the offences punishable under Sec. 302, 364A, 365 and 201 read with 34 of the Indian Penal Code, 1860 ( 'Penal Code '), has preferred this application for enlarging him on bail.

(2.) The indictment against the applicant is that in furtherance of his common intention with co-accused Suraj @ Pappu Ovhal (A-1), latter's wife Chhakuli (A-3) and Raosaheb Sahebrao Phulmali (A-2), the applicant had abducted Hanumant Nivrutti Thorat ('the deceased') for ransom and, eventually, after extorting a ransom of Rs.2,00,000.00 from one Iqbal, the deceased was done to death and his dead-body was thrown in the canal.

(3.) The deceased Hanumant had a Jaggery Plant ( x&qgkG ) at Khutbav, Taluka Daund, District Pune and also operated one JCB and two tractors. Accused No.1-Suraj @ Pappu was working as a driver on the JCB. In the wake of the dispute between the deceased and A-1 over increasing the salary of A-1, the deceased had removed the A-1 from employment. The latter had, thus, a grudge against the deceased.