RAMESH GAUTAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SO far petitioners No.1 and 2 are concerned, they had previously applied for grant of bail to this court in Criminal Application No. 8349 of 1994 and this court (Sahai J.) on 16th March 1995 rejected their application having regard to the postmortem examination report showing injuries attributable to the weapons carried by petitioners No.1 and 2. they have again applied for grant of bail with petitioner No.3 and under the circumstances, petitioners No.1 and 2 would not be entitled for bail as no new ground has been made out.

(2.) HOWEVER , as regard petitioner No.3, Mr Dhakephalkar submitted that his name is no where mentioned in the First Information Report and the person named as Gaurya Doodhwala in the First Information Report is not shown to be the same as present petitioner No.3, whose name is Gorakhnath Dharma Patil. In that behalf, I have gone through the papers of investigation and the statements of witnesses and none has stated that petitioner No.3 Gorakhnath Dharma Patil is also known as Gaurya Doodhwala.It is seen that about twenty or more persons are alleged to have assaulted the persons in a temple after about 9.30 PM and they claim to have seen some of the assailants in the light of the candle lighted in that temple. Therefore, Mr Dhalephalkar submits that there maybe mistake in identification and statements of the other witnesses recorded on the next day would go to indicate that petitioners No.3, Gorakhnath Dharma Patil, is one of the assailants carrying knife.

(3.) ACCORDINGLY , the application of petitioners No.1 and 2 is rejected while petitioner No.3 is ordered to be released on bail on his furnishing solvent surety to the extent of Rs.10,000/- and P.R. for the like amount.