PRAKASH C BHAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Counsel appearing for the parties. This application for bail is filed by the original accused Nos.6, 9, 11, 13, 14, 16, 18, 22, 25 and 27. The offence alleged against the Applicant and co-accused is for offence punishable under Sections 147, 148, 149, 341, 504 and 302 of the Indian Penal Code.

(2.) F .I.R. is filed by one Mulchand Baburao Bhagat, the brother of deceased Hiralal. The complainant is a labour Contractor in Astral Glass Company. Hiralal was employed in Railways. The complainant was returning home from the Glass Company on his motor cycle at about 7.00 p.m. on 28th October 2004. At that time Hiralal was going towards home by his bicycle. The allegation is that 28 persons including the Applicants came together and they were having swords, sticks etc. in their hands. They stopped his bicycle and questioned the said Hiralal as to why his brother was not employing their persons in the Glass company. The allegation is that the said persons caught hold of Hiralal and started assaulting him by fist blows and kicks. A specific allegation is that one Nandlal assaulted the victim on his head by a sword. Same is the allegation made against Vyankatesh. The allegation against two other accused Suresh and Janardan is that they lifted two big stones lying there and crushed the head of Hiralal by the stones. None of these accused are the Applicants.

(3.) THE learned Counsel for the Applicant submitted that there was political rivalry between the two groups in the village. He submitted that there are no specific allegations made against the Applicants. He submitted that the cause of death of Hiralal is due to injury on the scalp.