KISAN ZUNGRAJI UFADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 439 of the Criminal Procedure Code, 1973 seeking bail in connection with C.R. No.767 of 2021 registered with Bhartiya Vidyapeeth Police Station, Pune for offence punishable under Ss. 302, 201, 34 of the Indian Penal Code, 1860 and Sec. 4(25) of the Indian Arms Act and Ss. 37(1) read with Sec. 135 of the Bombay Police Act.

(2.) The case of prosecution in short is that the informant, Prashant Kadam, Software Engineer and the deceased Sharad Aware had taken one rented ofice at Dhankawadi for their personal job work and they both were paying its rent Rs.16,000.00 per month. The deceased used to work at E-Seva Kendra and passing loan proposals to the customers from banks as well as from credit societies. Co-accused Prakash Shinde and Hitendra Patole used to visit frequently to the office of deceased in relation to the loan proposal due to which deceased was knowing co-accused Prakash Shinde and Hitendra Patole.

(3.) On 19/8/2021, deceased borrowed hand loan of Rs.1.00 lakh from the co-accused Prakash at 10% interest. Deceased was paying interest regularly to Prakash. Since the deceased was unable to pay interest, on 28/11/2021 at about 10.10 p.m. co-accused Prakash Shinde called informant and told that mobile phone of the deceased is switched off and he should inform deceased to meet him. When the informant informed deceased about visit of Prakash, deceased intimated the informant at 10.43 p.m. that he is going to visit co-accused Prakash Shinde.