SUSHIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for cancellation of bail granted to the non-applicant No.2 vide order below Exh.53, dtd. 25/1/2022 in Sessions Trial Case No.11 of 2021 in connection with Crime No.80 of 2020 registered with the Police Station Akot City, District : Akola for the offences punishable under Ss. 302, 120, 120-B, 201 read with Sec. 34 of the Indian Penal Code, Ss. 3/25, 5/27, 7/27 of the Arms Act and Ss. 47/177, 130(1)(2)/177, 3/181 of the Motor Vehicles Act.

(2.) The brief fact of the present case are as follows: On 22/2/2020, a report was lodged by the police constable Bhashkar Shaligram Sangale, stating therein that on 21/2/2020 at about 22 hours while he was watching T.V. at his home, he heard a sound like fire cracker. Thus, when he came out at his house, he witnessed a person lying on the ground in in front of the quarter of police constable Dubey and further saw that one person of thin built fleeing from the spot while one other well built person riding a motor cycle nearby. When the informant raised alarm, two persons fled from the spot on the motor cycle. Accordingly, he intimated to the police and thereupon, the police personnel approached the lying person and thereupon, it revealed that he was Tushar Phundkar, who was the Ex-Chief of District Prahaar Sanghatana. The deceased breathed his last during the treatment in hospital. Thereafter, the offence was registered under Ss. 302, 120, 120-B, 201 read with Sec. 34 of the Indian Penal Code, Ss. 3/25, 5/27, 7/27 of the Arms Act and Ss. 47/177, 130(1)(2)/177, 3/181 of the Motor Vehicles Act vide Crime No.80 of 2020.

(3.) During the course of investigation, it was transpired that the accused Pawan Sedani on the count of avenging his brother Teja Sedani's murder, hatched a conspiracy and accordingly procured arms with the help of accused Nikhil Sedani and said plot was executed by the accused Shyam Swapnil Nathe, the non-applicant No.2 herein and one Alpesh Dudhe.