VIJAY DADASAHEB PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application for bail filed under section 439(1) of the Code of Criminal Procedure, 1973.

(2.) One Shivaji Swarupa Charapale was murdered at Kaulav, taluka Radhanagari, District Kolhapur in broad day light at 10.30 a.m. by using weapons such as knife, axe and sticks etc. One Ramu Jivaba Charapale, paternal uncle of the deceased filed, his F.I.R. in the police station at Radhanagari at about 1.30 p.m., on the same day. The police registered the offence and commenced investigation. The petitioners were arrested in connection with that murder and recorded statements of several eye witnesses and other witnesses. However, as the Investigating Officer was not able to submit charge-sheet against the petitioners accused within 60 days of the date of offence, the petitioners made an application to the Sessions Court at Kolhapur and the learned Additional Sessions Judge at Kolhapur enlarged all these petitioners accused on bail in the sum of Rs. 2,000/- each was one surety for the like amount. The Investigating Officer completed his investigation in due course and filed a charge sheet in the Court of the Judicial Magistrate, First Class, Radhanagari on 1st June, 1976. The learned Magistrate by his order dated 8th June, 1976 committed all the five petitioners accused to the Sessions Court at Kolhapur to stand their trial. After the petitioners accused were committed to the Sessions Court at Kolhapur, the learned Public Prosecutor, Kolhapur, preferred an application being Miscellaneous Application No. 95 of 1976 requesting the Court to cancel the bail granted to these petitioners accused.

(3.) In that application it was alleged that these petitioners-accused being influential persons in the village were likely to tamper with the evidence against them.