MARIC DICKSON ARISERIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ONE Ramnath Payade, the deceased in this case, was owner of several hotels and a finance company. On 14-6-1995 at about 5.30 PM, this Ramnath Payade came to the office of the bank for a meeting and after that meeting was over, he come down to drive away in his car. When he was coming to the left side seat of the car while taking turn from front side, several shots were fired upon him by two persons and he ultimately collapsed in the pool of blood and this incident took place at about 6.30 PM. The driver of the car by name Raghunath Jadhav saw this incident and so also other persons in the vicinity. After the firing was over the assailants ran away and to some extent they were chased.

(2.) FIRST Information Report came to be lodged within about 45 minutes and therefore the petitioners, herein, came to be arrested on 1st August 1995 by DCB,CID.

(3.) MR . Tulpule for the petitioners submitted that although as many as seven eye witnesses and one injured person have seen the incident but their statements are stereo-type and there are number of discrepancies. Further, no doubt certain arms and ammunitions are recovered at the instance of both petitioners but having regard to the number of injuries sustained by the deceased it is not possible that the shots were fired either from the pistol or rifle as if such a weapon contains number of bullets so as to fire in succession like a revolver. As such Mr. Tulpule submitted that this is a fit case for grant of bail since petitioners have no criminal antecedents and they are not shown to be involved in any offence and it is fashion of the Bombay Police nowadays to connect the assailants to either of the gang of Dawood Ibrahim or a rival gang. As such it was submitted that the petitioners are quite innocent having their families dependent upon them and should be granted bail.