SADASHIV BHAGWATI PRASAD GAUD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON the decision that the deceased by name P.Chhalladural, a Madras based person, has stolen away his rickshaw in the night, plied it and keep it back, the petitioner and one Ganpat are alleged to have assaulted the said P.Chhaladural on the night of 11-2-1996, by means of bamboo stick. As a result of the said assault, the said P.Challadural died and thereafter his dead body was thrown on the street and was noticed by one Hanumant Sambhaji Bhapkar, Police Sub-Inspector, Dharavi Police Station. He lodged F.I.R. without knowing about the incident and during the course of investigation, the aforesaid facts were found from the statement of the witnesses Satyanarayan, Smt.Mumtaz and others. Accordingly, petitioner came to be arrested and he applied for grant of bail to the Sessions Court, Mumbai, but his application has been rejected twice.

(2.) I have heard Shri Saini for the petitioner and Shri Nalavade, APP for the Respondent-State. It was submitted that there is no mention of name of the petitioner in the F.I.R. and no identification parade is held in respect of the witnesses who claim to have seen the incident. It was, therefore, submitted that this is a fit case to grant bail.

(3.) I have been taken through the papers of investigation. No doubt, witnesses Mumtaz and Satyanarayan stated about the assault on the part of the petitioner on deceased. The supposed cause for the said assault was that the deceased had stolen rickshaw of the petitioner in the night and plied the same and kept it back. The statements of the witnesses were recorded on 23-2-1995 i.e. 12 days after the incident. At any rate, having regard to the cause of assault and the weapon used therein, I find this to be a fit case to grant bail.