VISHWAS BAPURAO KONDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ONE Jawahar Motiram Bijlani lodged complaint on 4-11-1995 in Vashi Police Station. On that day, while he and his friend Mohan Singh were stepping the staircase to come to his office, he saw one Kala Rajan and unknown companion with him, firing shots at him and Mohan Singh. He received bullet injuries on his leg and on the stomach and thereafter he lodged the first information report after the bullet was removed from his stomach by the Medical Officer. Accordingly, offence under Section 307 read with Section 34 IPC under the Arms Act came to be registered. In that connection, the petitioner and many others came to be arrested during the investigation on the charge of conspiracy under Section 120(B) IPC alleging that they had conspired to commit the murder of present complainant Jawahar Bijlani. Six others who were arrested came to be released by the Sessions Court, Thane but the petitioner's application came to be rejected. Therefore, he has approached this court.

(2.) IT is contended by Mr.Patil that there is absolutely no evidence against the petitioner to connect him with the incident and when other accused came to be released on bail, there was no reason to deny to the petitioner.

(3.) IT is not disputed that there were only two assailants at the time of the incident who are alleged to have fired shots at the complainant and his friend Mohan Singh. Petitioner's complicity at that time is not at all disclosed. Further, as a conspirator on the strength of the evidence of this Vithal Pawar, it is not possible to connect him with the offence under Section 307 IPC. Furthermore, the statement of Vithal Pawar shows that he was dismissed from service by the applicant. As such I find this to be a fit case for grant of bail.