SADIK ISAMODDIN SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the applicant, the learned A.P.P. for the respondent/State and the learned counsel for the complainant.

(2.) The applicant is seeking bail in C.R.No.0097 of 2022 registered with Chakur Police Station, District Latur, for the offences punishable under Ss. 302, 201, 120B read with Sec. 34 of the Indian Penal Code and Ss. 3(1)(i), 3(2), 3(3),

(3.) (4) of the Maharashtra Control of Organised Crime Act, 1999. 3. It is a case of second murder of the family member of the first informant/complainant. The prosecution case rests upon the circumstantial evidence. The Investigating Officer collected the relevant evidence and arrested the accused. It was transpired that the main accused had hired the killer. There was a dispute regarding boundary of the plot. The allegations levelled against the applicant were that he had sold a land to the main accused for which the incident happened. Further, it has been alleged that he was a member of hatching the conspiracy to eliminate the deceased. On the basis of the statement under Sec. 27 of the Indian Evidence Act, the Investigating Officer has confirmed that he was the member of the conspiracy. Besides this, since there were property transactions between the applicant and the main accused, he was arraigned as an accused with allegations that he played role in committing the murder of the deceased.