KISHOR HARI JETHAVA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Vijay Eknath Patil is a fruit vendor doing business near Thane Railway Station and on 6-9-1996 in the morning when he came to the stall, he found one bicycle kept near that and thinking that it was of paper Vendor, doing business in the vicinity, he just took ride over that for 4/5 minutes. That bicycle belonged to one Kanti Parma, who came there and there was some altercation between the complainant Vijay Eknath Patil and the said Kanti Parmar over taking ride on his cycle. Both exchanged slaps at that time. After this incident at 2.45p.m. in the noon, the said Parmar along with 7/8 persons came there and questioned the complainant Vijay about the earlier incident and started giving kicks and fist blows. At that time, one Birinder Yadav, who was present there accosted these persons and thereupon the petitioner is alleged to have picked up the wooden box and hit on the head of Vijay Eknath Patil because of which he died. That is how, offences under section 302 and other section of the I.P.C. are alleged to be committed.

(2.) The other accused and the petitioner applied for grant of bail to the Sessions Court, Thane but the other accused have been granted bail, while application of the petitioner has been rejected on 23-10-1996.

(3.) I have heard Shri Kale for the petitioner and Mrs. Kantharia, APP for the Respondent-State. The First Information Report goes to indicate that the person, to whom bicycle belonged viz. Kanti Parmar hit the wooden box on the head of Birinder Yadav, while the witnesses state that it was the present petitioner who picked up wooden box and hit on the head of Yadav. Having regard to these facts and circumstances, I find this to be a fit case to grant bail.