VYANKAT MADHAVRAO KENDRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the respective learned counsels for the parties and learned APP for the respondent-State.

(2.) Respondent No.1 has been granted bail by the learned Additional Sessions Judge, Aurangabad. It has been observed that the scuffle took place between the applicant and respondent/accused because of previous enmity. Though the injured has sustained the grievous injuries, but it was impossible to draw an inference that the accused has intention to commit the murder. While granting bail, the learned Additional Sessions Judge considered the age of the accused. The trial may take its time to commence. Considering the facts of the case, learned Additional Sessions Judge also observed that he did not find justifiable reason to keep the accused in jail for indefinite period.

(3.) The vehement argument has been advanced by the learned counsel for the applicant and learned APP that the gravity of the offence has not been considered properly. The injured was the Police Inspector assaulted on uniform. The applicant was carrying knife with him. That shows his intention. Subsequent to this incident, he again committed the crime. The offence was serious. The grounds of objection to grant bail were not considered.