SURESH NANDKUMAR AHIWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON the cause that statue of Christmas Baba was burnt by the deceased on 1-1-1997 at 12.45 night, the petitioners are alleged to have given fists and kickblows on the deceased. Later on, when deceased became unconscious, the present petitioner No.1-Suresh took him in his rickshaw and left near one Jayashree Bar. Complaint of this incident was lodged by one Shivcharan Somkamble on the basis of which offence came to be registered at CR No.1/97 at Turbhe Police Station under section 302 of the I.P.C. The petitioner had applied for grant of bail to the Sessions Court, Thane. But the Addl. Sessions Judge, Thane, has rejected that application, on the ground that there is strong prima fadie case and the offence is under section 302 of the I.P.C.

(2.) I have heard Shri Karanjkar for the petitioner and Shri Deshpande, APP for the respondent-state. Having regards to the cause of incident and the assault made by kicks and fist-blows, I find this to be a fit case to grant bail, without expressing any opinion as to what offences are constituted by the acts alleged to be committed by the petitioner.