GUDDU SOUBHAN HARIJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Talreja, learned Advocate for Applicant and Ms. Yadav, learned APP for Respondent ' State.

(2.) This is an Application under Sec. 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking Regular Bail in connection with C.R. No.130 of 2018 registered with Waliv Police Station, Palghar for the offence punishable under Sec. 302 read with 34 of the Indian Penal Code, 1860 (for short 'IPC').

(3.) Applicant is arrested on 13/2/2018 and has been in custody for almost 7 years till date. His several Bail Applications before the Sessions Court have been dismissed previously. After the present Application was filed, Applicant did not have representation and sought legal aid. Advocate Mr. Ajay Talreja is appointed to represent and espouse the cause of Applicant. He would draw my attention to the FIR appended at page No.9 of the Application and would contend that it is borne out from the record that the 3 Accused namely Accused No.1 Mohd. Karim Alias Kalim, Accused No.2 ' Sainath Anil Devkar and Accused No.3 ' present Applicant Guddu Soubhan Harijan had a previous enmity with the victim and had called him at the incident spot which is a public place near the nullah (ukyk) on the intervening night of 12/2/2018 and 13/2/2018. The victim went to the incident spot and there was a quarrel which ensued between the 3 Accused on one side and the victim on the other side. The quarrel and altercation escalated to such an extent that Accused No.2 held the victim with his hands, Accused No.1 poured kerosene on the victim and the present Applicant i.e. Accused No.3 lit and ignited matchstick and threw it on the victim who was drenched with kerosene resultantly leading to the victim suffering 90 ' 95% severe burn injuries. Victim was alive for and admitted to hospital and succumbed to his injuries on the following day in the hospital during which period, 3 dying declarations were recorded.