ASHRAF SALIM PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned APP for the State.

(2.) This is an application for bail in respect of the offence punishable under Ss. 302, 34, 201, 120-B of the Indian Penal Code (hereafter ' IPC ' for short), under Ss.

(3.) (25), 3(27), 4(25) of the Arms Act and under Ss. 37(1) read with 135 of Maharashtra Police Act registered vide C.R. No.13 of 2019 with Yerwada Police Station, Pune. 3. The date of the incident is 6/1/2019. The FIR was registered on 7/1/2019. There are in all eight accused. The applicant is the accused no.5. The applicant was arrested on 12/1/2019. It is alleged that eight accused are responsible for committing the murder of the deceased Anna @ Sandip Subhash Devkar. So far as the applicant is concerned, it is alleged that he was standing on the gate keeping a guard. The applicant was holding a sharp edged weapon called palgan. There is recovery of palgan at the instance of the applicant. The actual assault was by other co-accused. The applicant was on interim covid bail for two years and eleven months and there are no accusations that he has misused his liberty while he was on bail. The applicant was not named in the FIR. Against the applicant, there is one antecedent of the year 2016 registered vide C.R. No.801 of 2016 under Ss. 4(25) of the Arms Act and Sec. 37 read with 135 of Maharashtra Police Act. There is another antecedent of the year 2018 registered vide C.R. No.118 of 2018 under Ss. 395, 506(2), 504 , 506, 427, 34 of the IPC, under Sec. 4(25) of the Arms Act and under Sec. 37 read with 135 of Maharashtra Police Act. The antecedents are not such that the applicant should be deprived the facility of bail considering his role, the fact that he is in custody as an undertrial for more than