RAJARAM RAOSAHEB JACHAK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON 6-11-1996, at about 11 Night in all 12 persons assaulted 5 persons one of whom by name Sayabu received injuries and died. Assault was made with weapons like knife, sword, sticks, hockey sticks etc. Information was lodged by Ashok Galande in Walchand Nagar Police Station and offence came to be registered at CR No.129/66, under sections 302, 324, 326, 120(b), 147, 148, 149, 504, 506 of the I.P.C. In that connection petitioner came to be arrested on 7.11.1996. He had applied for grant of bail to the Sessions Court, Baramati, but that application came to be rejected on 21.11.1996.

(2.) I have heard Shri Bhosale for the petitioner and Shri Tulpule, P.P. for the Respondent-State. I have been taken through the papers of investigation so far made by Shri Bhosale as well as Shri Tulpule. No doubt, number of assailants are alleged to have given blows with knife, sword and other weapons yet, it is not disputed that the petitioner herein is alleged to have come to the spot in his car some time later after blows were dealt on Sayabu, who is deceased in this case. The only role attributed to the petitioner is that he instigated others and himself gave kick blows to Sayabu. In these circumstances, I find this to be a fit case to grant bail.