GURUNATH DHAVU PATOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON account of some dispute over musical instrument, Kashinath Patole and Vilas Patole were assaulted by the petitioner and 2 others on 27.11.1995 at about 7 p.m. In that incident Kashinath was severely injured and there were fractures. On the complaint lodged by one Jijabai, mother of Vilas, offence came to be registered at Padgha Police Station. Petitioner came to be arrested on 30.11.1995. He had applied for grant of bail to the Sessions Court, Thane, but that application came to be rejected.

(2.) IT is submitted by Shri Mundargi for the petitioner that the other two accused, whose role is similar to that of the present petitioner, have been granted bail by the Sessions Court, while bail in favour of the petitioner is rejected, simply on the ground that he was holding iron bar, while others assaulted with sticks. The learned Judge found that there was depressed fracture and therefore, the same must have been caused by some heavy weapon and that is how, the petitioner alleged to be holding iron bar is stated to be responsible for the fracture. Shri Mundargi takes exception to this observation of the learned Judge and contended that even sticks found with the other accused are heavy and they are alleged to have assaulted on the heard of Kashinath. Therefore, merely because, the petitioner was holding iron-bar is no ground to deny bail.

(3.) HAVING gone through the judgment of the learned Additional Sessions Judge, I find this to be a fit case to grant bail.