STATE OF MAHARASHTRA Vs. TUKARAM SHIVA PATIL

JUDGEMENT

(1.) THE State of Maharashtra has filed the above application under Article 227 of the Constitution and Section 439(2) of Code of Criminal Procedure, 1973, praying for cancellation of the bail granted to the opponents, who are accused Nos.1 to 7, in a murder case, in respect of which Karvir Police Station has filed a charge -sheet in the Court of the Judicial Magistrate, First Class, at Kolhapur, on December 30, 1974, numbered as C.R. No.178 of 1974.

(2.) THE offence is alleged to have taken place on October 31, 1974, at about 8 -0 p.m., in the village Koge. One Maruti Avaba Patil, was murdered as a result of continuous blows given by axes and sticks. The prosecution alleges that the accused gave those blows. The prosecution relied on dying declarations alleged to have been made by deceased Maruti.

(3.) OPPONENTS Nos.1 to 6 (Accused Nos.1 to 6) were arrested on November 1, 1974. Opponent No.7 was arrested on November 8, 1974. They applied for being released on bail in the Court of Session, Kolhapur, by filing Miscellaneous Criminal Application No.205 of 1974. It was opposed by the prosecution. The learned Sessions Judge Kolhapur, found that charge -sheet was not filed; the papers produced before him by the police did not show any evidence against Opponent No.6; and the condition of opponent No.7, who was bleeding with piles, was Serious. The learned Sessions Judge by his order, dated December 16, 1974, therefore, released only accused Nos.6 and 7, on their executing each a bond for Rs. 5000/ - and furnishing security for Rupees 5,000/ -, pending the decision of the Criminal Case against them, overruling the contention of the police that if the accused were released on bail, they were likely to tamper with the prosecution evidence by winning over the witnesses.