SHIVDAS BABURAO DHONDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail by two persons who are accused along with 28 other persons in a criminal case registered by Sonkhed Police Station in Nanded district.

(2.) IT is alleged that Devidas, Nagnath and Shankar were assaulted by these persons on 21st June, 1993 at about 7 p. m. in the evening. It is also alleged that on the previous night i. e. on 20th June, 1993, a conspiracy was hatched in the house of Baba Dhonde. It is the case of prosecution that these three persons-Devidas, Nagnath and Shankar-were assaulted for the reason that they belonged to the party of the sarpanch. Whereas Devidas succumbed to the injuries, Shankar and Nagnath survived. No overt act is attributed to any of the applicants and it is merely alleged that Shivadas-Applicant No. 1 was having an axe in his hand and a general statement is made that some of the persons had sticks in their hands. No incise would was found on the person of Devidas whereas Shankar was seriously injured and had many incised wounds on his person.

(3.) IT is the case of the applicants that they were on cross terms with the complainant and other witnesses including the sarpanch of the village. There appears to be a dispute over the management of a school. Therefore, the police protection was also asked by one of the applicants. Further it is the case of the applicants that they are teachers teaching in colleges at Nanded and at Aurangabad respectively and they are deliberately involved falsely accusing that they had conspired and actually took part in the assault. A xerox copy of the muster roll maintained by Deogiri College, Aurangabad, where Applicant No. 2 works as Lecturer in Geology, is also annexed to the application and it shows that the Applicant No. 2 Manohar was present in the college on 21st and 22nd June, 1993. 20th June, 1993 was a public holiday. An affidavit is also tendered to show that the Applicant No. 2 was in Aurangabad on this day also. Similarly it is alleged that the Applicant no. 1 Shivdas was present in Nanded on 21st June, 1993. It is also contended by Shri Barlinge that since the applicants are educated and holding the posts of respect, they are being falsely involved in this criminal case.