KUNDLIK RAMBHAU GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking relief under Sec. 439 of the Criminal Procedure Code, 1973 in connection with C.R. No. 191 of 2017, dtd. 8/6/2017, registered with Paud Police Station, Pune for offences under Ss. 302, 307, 326, 324 read with sec. 34 of the Indian Penal Code, 1860.

(2.) The earlier Bail Application No.967 of 2018 filed by the applicant came to be withdrawn with liberty to file an application for expediting the trial. Learned advocate for the applicant submitted that the applicant was arrested on 13 th June 2017. He placed reliance upon order of Hon'ble Apex Court in Special Leave to Appeal (Crl.) No.2977 of 2023. The Apex Court in paragraphs 2 and 3 has observed as under:

(3.) Considering the reason assigned by the Hon'ble Apex Court and considering the fact that role attributed to the accused before the Apex Court was of assault by sickle and role attributed to the present applicant is of assault by axe, the applicant is deserves to be released on bail based on doctrine of parity. Hence, following order: