MANGESH SUNDAR MANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application filed by the petitioner praying this Court to release him pending the trial of the Sessions case.

(2.) HEARD learned counsel for the petitioner as well as learned Addl.Public Prosecutor. Perused the records with the assistance of both the counsel.

(3.) THE question that will arise for consideration is whether the prosecution has made out a case against him. Prima facie this Court is of the opinion, that the prosecution, at this stage, has not made out a case against the petitioner/accused as having committed the offence under section 302 of the Indian Penal Code. This Court is of the opinion that this is a fit case where the petitioner/accused can be enlarged on bail. However, the learned Sessions Judge will dispose of the matter uninfluenced by any of the observations and on the basis of the evidence to be recorded in trial and on merits.