IQBAL PAPABHAI ZENDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant is the original accused no.4 in CR No.451 of 2005 registered with Satara City Police Station alleging offences punishable under section 302, 323, 504, 506 and 34 of IPC. The applicant was arrested. After investigations were completed and a charge sheet is filed, he applied for bail which application is rejected.

(2.) UPON a complaint lodged by one Mahendra Jadhav with the above Police Station it is alleged that in a restaurant /hotel when the complainant was invited for dinner by his friend he was informed that there were other persons including the deceased who were also attending the same. When the complainant reached the restaurant other persons including the deceased were already present. They were joined by the applicant. There are about seven persons sitting on a table behind them. One among them asked for a mobile charger. The said person expressed his ignorance whereupon repeated requests were made. A scuffle took place between them and it is alleged that the applicant was told not to pracipitate the matter. Later on, it is alleged that the dinner order was cancelled.

(3.) SHRI Mundargi has invited my attention to Annexure-A of this application i.e. statement of the applicant wherein at page 14, internal page 3, as far as role attributed to the applicant is concerned, it is alleged that he was holding the deceased by hands and even beating him, whereas, other was having a stone in his hand with which he was hitting the deceased on his head. The third person was giving kick blows.