NAVSHYA RAMA KOTHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS application is made by the petitioners for bail. They are involved in an offence of murder under Section 302 and also for offence under Section 201 read with section 34 of IPC in connection with offence which had been registered on 7/1/96. The FIR was lodged on 7/1/1996 in which the widow had implicated the accused stating that the petitioner had given threats to her husband for non-payment of rent. Therefore the petitioners were arrested.

(2.) THE evidence against these petitioners is that they had shown the place of incident where the deceased was killed and also there was recovery of sickle used in the said offence. The clothes of the deceased were also attached but no blood was found either on the clothes of the deceased or on the sickle which was recovered at the instance of the accused. Their applications for bail made before the Sessions Court before the charge-sheet was filed came to be rejected on the ground that there is evidence against the petitioners regarding the pointing out the place of assault and the weapon used in the comission of offence.

(3.) IN the aforesaid circumstances I allow this application for bail and pass the following order :