RAJESH ADIWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application has been filed by the applicant who has been arraigned as accused No.4 in a case registered by Juna Rajwada Police Station under C.R.No.108 of 1995 for having committed offence under Section 395 of IPC. He was arrested on 4th August 1995 and since then he is in custody. His previous bail applications were rejected by the Sessions Court and the last such application being rejected on 27th November 1995 by the 3rd Additional Sessions Judge, Kolhapur.

(2.) THE allegations are that in all five accused persons took the complainant for a dinner. They had drinks and while coming back from the dinner in the midnight they told him that those persons had received advanced amount for killing the complainant. The accused had told him that they were to receive a sum of Rs.1,00,000/- for killing the complainant and they had received advance amount of Rs.25,000/-. The complainant was beaten and the accused asked him to part with a sum of Rs.1,00,000/- otherwise they will kill him for the consideration of Rs.1,00,000/- which they were to receive for the said purpose.

(3.) IN the aforesaid circumstances I am of the opinion that the accused should be released on bail who is custody for more than one year now. I, therefore, pass the following order:-