SUNIL SHANKAR KHANDEKAR Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the respective parties. The applicant, who has been arrested on 14.04.2013 in Crime No. 239 of 2012 registered at Tilak Nagar Police Station for offence punishable under Section 307 r/w Section 34 of the I.P.C. has filed the present application for bail.

(2.) As per the case of the prosecution, on 12.10.2012 at about 19.00 hrs, the applicant alongwith others assaulted one Rakesh Prabhakar Shishupal with sharp weapon. It is alleged that Sharad Khandekar assaulted with the sharp weapon on the head of Rakesh Shishupal, whereas, present applicant assaulted him with sharp weapon on his neck. Others who were alongwith the applicant also assaulted Rakesh. Though, the first informant has sustained injuries, they are all simple injuries and he has been already discharged from the hospital.

(3.) The said Sharad Shankar Khandekar, co-accused who is the brother of the present applicant has been already released by the Addl. Sessions Judge in bail application No. 2438 of 2013. The learned A.P.P. has submitted that the said co-accused was suffering from HIV and against the present applicant there are about 15 cases pending in different courts. It is seen from the order dated 21.01.2013 passed by the learned Additional Sessions Judge, said Sharad Khandekar is also a history sheeter. There are 15-16 cases pending against him. Merely because, the said co-accused is HIV positive and present applicant is not suffering from said infection that cannot be a ground for refusing bail to the present applicant. In my view, the present applicant is now entitled to be released on bail.