NANDA PARSHURAM NAIK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In an incident of 25th June 1996, at about 5 p.m. at village Dadar, Taluka Pen, number of persons are alleged to have assaulted Haridas Joshi and Mahendra Joshi and 2 others by means of lethal weapons such sword, spear, knives etc. In that incident Haridas Joshi and Mahendra Joshi died while 2 others came to be injured. The FIR was lodged by Mrs.Nanda Joshi, wife of one of the deceased and on the basis of which offence came to be registered at CR No.95 of 1996. After investigation, charge sheet has been filed against 45 persons. All of them had applied for grant of bail to the Sessions Court, Raigad, at Alibag and the Addl. Session Judge, by his common order granted bail in favour of 34 persons while rejected applications of 11 accused persons on 21th October 1996. Out of these 11 applicants, whose bail applications were rejected petitioners 1 & 2 have applied to this court for grant of bail.

(2.) I have heard Shri Janardhan for the petitioner and Shri Thakur, APP for the Respondent-State. I have been taken through the papers of investigation viz. statements of the witnesses, F.I.R. recovery memorandum etc. which contain general allegation of assault by all the 45 persons, while it is seen that no specific role has been attributed to the petitioner except that they were caught hold of the deceased persons Haridas and Mahendra. There is no specific act of assault alleged to be committed by petitioners Nos.1 and 2. In these circumstances, I find that petitioners Nos. land 2 deserve grant of bail, having regard to the nature of incident in which 45 persons are involved and the same is stated to be out of political rivalry.