MANOJ HANMANT FARNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicants in both these applications were arrested in connection with the offence which wasregistered by the Sangli City Police Station on 6/7/2005 punishable under section 302, 201, 212 read with section 34 of the Indian Penal Code.

(2.) THE prosecution case in brief is that on 5/7/2005, the Police Inspector Smt. V.J. Patil of the Sangli City Police Station received wireless message that a person was found lying in a pool of blood in front of the Maharashtra Pan Shop at Old Jakat Naka and, accordingly, the police went to the place and took the person who was lying there to the Civil Hospital, Sangli. He, however, succumbed to the injuries and died. Accordingly, on 6/7/2005 at about 5.30 a.m. she lodged the FIR in Sangli Police Station. During the course of investigation, the statements of the witnesses were recorded. Sanjay Shinde has stated that he had accompanied the deceased to the hotel and thereafter had left after the quarrel had started. Shri Vijay Koli, another eye witness has stated that he has seen the applicants assaulting the deceased with wooden stick. The charge-sheet has been filed in this case.

(3.) THE learned APP vehemently opposed the said submission. He submitted that the eye witness Vijay Koli in his statement has categorically stated that he had seen Manoj Farne assaulting the deceased with the stick on his head and he had also named the other applicant in his statement. He submitted that, therefore, this is not a fit case for grant of bail.