SIDDHARTH SHRIRAM INGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant is seeking bail as he came to be arrested on 26/05/2020 in connection with Crime No.138/2020 registered with Police Station Civil Lines, Akola for the offence punishable under Ss. 302, 143, 147, 148, 504, 323, 324, 325, 326 read with Sec. 149 of the Indian Penal Code.

(2.) The crime is registered on the basis of the report lodged by Sunanda Sanatan Kshirsagar who is the wife of one of the deceased. It is alleged by her that on 24/05/2020 at about 9:00 AM there was a quarrel between Jaisen Ingle and her two sons and on that count said Jaisen Ingle have abused her two sons. On 25/05/2020 at about 9:00 PM when her younger son came out of the house to answer the natures call, at the relevant time, she was informed that the present applicant and the other co-accused followed her son, and therefore, she immediately rushed behind them and she saw that her son was assaulted by the present applicant and the other co-accused. At the relevant time, her elder son and her husband also came there, they were also assaulted by the present applicant and the other co-accused. In the said incident, her husband and her son Vijay have lost their life. On the basis of said report, police have registered the crime against the present applicant.

(3.) Learned Counsel for the applicant submitted that the applicant is arrested on 26/05/2020 and since then he is behind bar. There is inordinate delay in conclusion of the trial. Though the charges are framed but the trial would not be concluded within a short span of time and it will required time. In support of his contention, he placed on record the roznama which shows that the trial was delayed only on the ground that the accused are not produced before the Court. He submitted that the accused cannot be kept behind bar for the indefinite period. On the merits also he submitted that as far as the role of the present applicant is concerned which is only to the extent that he has assaulted deceased Sanatan on his leg by means of iron pipe. Both the deceased died due to the head injury. The said head injury is not attributed to the present applicant. Thus, on the merits also no prima facie case is made out against the present applicant to show that he has caused the death of the deceased. Thus, considering the role attributed to the present applicant and there is inordinate delay in trial, due to which the right of the present applicant of a speedy trial is affected. In view of that, he be released on bail.