BHOLA RAMLAKHAN GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr. Thakur for Respondent waives service. By consent heard forthwith.

(2.) I have perused the order of the learned Sessions Judge. The only evidence against the Applicant is the extra judicial confession given in presence of some witnesses. Moreover the offence complained of is under section 307 of the IPC and in such cases very rarely the maximum sentence of imprisonment is awarded to the accused. As stated above, the only piece of evidence is in the nature of extra judicial confession given in presence of some witnesses and therefore, this is a fit case for releasing the applicant on bail pending the trial, especially when the charge sheet has not been filed.

(3.) The application is allowed and the Applicant be released on bail on furnishing security of Rs.5000/- with one or two sureties in the like amount.