DHOLYA SHANKAR HUSEINI GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned APP for the State.

(2.) THIS is the third application for a bail filed by the applicant. The applicant is in jail since last 22 months. The applicant was convicted by the Sessions Court for the offences punishable U/s.307, 452 r/w 34 of IPC and sentenced to suffer R.I. for 8 years. It is alleged that the applicant went to the house of complainant alongwith other accused and assaulted him since he had filed a complaint against the present applicant and others alleging that they were carrying on illegal activities of selling of brown sugar in the vicinity of their house. Looking at the seriousness of the offence and evidence which was on record, initially application for bail was rejected by this court on two different occasions. However, during this period the appeal could not be heard and the appeal is still pending.

(3.) THE Supreme Court in the case of Kiran Kumar Vs. State of M.P. reported in 2001 (9) SCC 211. Para 3 of the said judgment reads as under:-