KADAR NAZIR INAMDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants - Suraj Vijay Agarwal (Accused No.1) and Kadar Nazir Inamdar (Accused No.4) who are arraigned in C.R.No.487 of 2020 registered with Lonavala City Police Station for the offences punishable under Ss. 120B and 302 read with Sec. 34 of the Indian Penal Code, 1860 (the Penal Code) and Ss. 3 and 4 read with Sec. 25 and 27 of the Arms Act, 1959, have preferred these applications for enlarging them on bail.

(2.) Short of unnecessary details, the prosecution case runs as under :

(3.) The Applicant - Accused No.1 has preferred this Application contending inter alia that he has been roped in on the basis of mere surmises and conjunctures. Neither there is material to show that the Applicant participated in the actual assault, nor any overt act is attributed to the Applicant. The allegations of the Applicant having hatched the conspiracy to kill the deceased is not at all borne out by the material collected during the course of investigation. Reliance by the prosecution on the alleged facebook conversation between the deceased and Sagar Rathod is stated to be wholly untenable as there is no material to show the retrieval of the data by the Investigating Officer. Nor a certificate under Sec. 65B of the Indian Evidence Act, 1872 is produced. In any event, as the investigation is complete for all intent and purpose, further detention of the Applicant is not warranted.