RAJENDRA SADASHIV RASAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail under sections 439 and 482 of the Criminal Procedure Code, 1973.

(2.) The applicants are in custody pending the investigation of a crime allegedly committed by them on October 9, 1985. It is alleged that relations between them on the one hand and Manohar Vir on the other, are strained. Manohar was charge-sheeted for the alleged killing of the brother of applicant No. 1. He was convicted on a lesser count and sentenced to an unbelievably low term of imprisonment. This angered applicant No. 1 who took a vow on the bier of this deceased brother that he would take revenge. Manohar was released after serving the sentence, and it is after that the incident figuring in the present case took place. On 9-10-1985, the applicants surrounded Manohar somewhere in the vicinity of the residence of the Police Inspector at Barshi and gave him a thrashing with deadly weapons. It was a miracle that Manohar survived. Even since the occurrence, Barshi town is ridden with fear and tension. In the course of investigation, the applicants were apprehended and remanded to custody.

(3.) Applicants moved the Sessions Court at Sholapur for being released on bail. This was turned down on the ground that applicants were dangerous characters who were likely to tamper with the evidence, and, that in any case their release would give rise to unmanageable tension and crime in the town.