VISHNU RAJARAM GULEARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ONE Satish More an alleged Gangster cane to be assaulted on 28th February 1996 by about 17 persons near Bombay. He was applying another big gangster by name Parbhu Mhatre when he had agreed to pay Rs.20,000.00 to the deceased and, therefore, had come to that place. The assault was made by means of choppers,Knives etc., and in that connection one Dattu Patil lodged complaint in Vashi Police Station which was registered as C.R.No.40 of 1992 under Section 302, 143, 145, 147 and 120B IPC. In that connection, petitioner No.1 came to be arrested on 23rd March 1992 while petitioner No.2 came to be arrested on 20th June 1995. They had moved the Sessions Court for grant of bail but their application is stated to be rejected .

(2.) IT is contended on behalf of the petitioners that there is no evidence to show the involvement of the petitioners and it is only on 16th March 1992 i.e. about 18 days after the incident, the statement of one Vasudeo Rawal came to be recorded which disclosed the complicity of the present petitioners for the assault on Satish More. It is contended that because of this belated statement of the witness and when there being no other evidence to connect the petitioners, the petitioners are entitled to grant of bail.

(3.) THE only connecting evidence against the petitioners is the statement of Vasudeo Rawal which is recorded on 16th March 1992 i.e. about 18 days after the incident. Besides there is no other connecting factor. So far as circumstance of abscondence is concerned, Mr. Nalwade was unable to show any entries in the case diary that the search was made for petitioner No. 2 at particular place and he was found no available. However, it was brought to my notice that a published in a police gazette for the purpose of search of petitioner No. 2 along with other showing them to be absconding and wanted accused in respective cases. As such I do not find this circumstance in anyway would be sufficient to deny bail. I am informed that in the offences under Sections 392, 397 IPC registered at Agripada Police Station Petitioner No. 2 is granted bail.