SIDDHANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present application is filed by the applicant for grant of bail. The applicant came to be arrested on 27/08/2020 in connection with Crime No.108/2020 registered with Police Station Lohara, District Yavatmal for the offences punishable under Sec. 144, 147, 148, 302, 307, 120-B read with Sec. 149 of the Indian Penal Code; Ss. 4 and 25 of the Arms Act, 1959, and Sec. 135 of the Maharashtra Police Act, 1951.

(2.) The accusations against the present applicant is on the basis of the report lodged by one Sharad Bondre, serving as Police Officer, Lohara, District Yavatmal, alleging that on 26/8/2020, he, along with one Devidas Chauhan, was on two wheeler vehicle, and one Hitesh Rathod and Pintu Chauhan were on another motorcycle, and they were returning towards home. At about 01:45 p.m. near Maroti Showroom, a four-wheeler vehicle came and gave a dash to the motorcycle on which the informant and Devidas were sitting. Due to that dash, they fell down, and their motorcycle was also dashed to the other motorcycle on which Hitesh and Pintu were sitting, and they also fell down. At the relevant time, the present applicant and other co-accused came in a four wheeler and due to the old grudge against Devidas Chauhan, they all assaulted Devidas with a knife on the stomach, neck, and hand and caused his death on the spot. On the basis of the said report, police have registered the crime against the accused.

(3.) Learned Counsel for the applicant submitted that since the date of arrest i.e. from 26/08/2020, the applicant is behind bars. There is no progress in the trial, even the applicant has not been produced from the jail for last one year. He further submitted that even considering the merits of the case, as far as the present accused is concerned, there is a specific role attributed to them. He further submitted that though the charge-sheet is filed before the Court on 19/11/2020, there is absolutely no progress in the trial, and the applicant cannot be kept behind bars for an indefinite period.