EKNATH NATHU ALYA MOKAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD . Admit. We have also heard the learned counsel appearing for the appellant-accused and the learned Addl. Public Prosecutor on the point of bail for the appellants who have been convicted for having committed offence under Section 302 read with 149 of the I.P.C. and sentenced to suffer R.I. for life and to pay a fine of Rs. 1000/-, in default to suffer R.I. for two months. The appellants-accused are also convicted for the offence under sections 147, and 148 of the I.P.C. and are sentenced to suffer R.I. for one year. We have carefully gone through the judgment in the case and find that the appellants-accused Eknath Mokal, Kaluram Mhatre, Narayan Patil, Jaywant Patil and Rama Gaikar have been assigned specific roles in assaulting the victim whereas the other accused persons have participated in the offence alongwith them. There are eye-wintnesses to the incident and the victim has suffered 18 injuries.

(2.) THE learned Addl. Public Prosecutor has also informed us by calling report from the local police station that the appellants-accused Eknath Mokal and Rama Krishna Gaikar are also involved in an offence under section 354 read with 34 of the I.P.C. of the year 1992 and the case is pending against them. Therefore, taking into consideration the facts and circumstances of the case, we are not inclined to release Eknath Mokal, Kaluram Mhatre, Narayan Gajanan Patil, Jaywant Ganu Patil and Rama Krushna Gaikar on bail, their application for bail is rejected. The other appellants-accused, viz., appellants no.5 6, 7, 9, 10 and 11 can be released on bail. It has been pointed out that accused no.11 Dharma Shankar Patil was on bail during trial. There is no adverse report against these appellants-accused. As such, these appellants-accused be released on bail on furnishing P.R. bonds in the sum of Rs. 5, 000/- each with one or two sureties in the like amount. They shall maintain peace during the period they are on bail.