RAMESH SAKHARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Smt.Sarkar for Petitioner and Ms.Kantharia, APP for State.

(2.) THE petitioner along with three co-accused involved in a case of murder and also for offence under section 307 of I.P.C., interalia, has applied for bail. The offence was registered at Narpoli Police Station, Bhiwandi under C.R.No.I 95/97 on 25th June 1997. The incident took place on the night of 24th June 1997 at about 9.00 p.m., the deceased was immediately taken to the hospital by 11.30 in the night and early morning at about 6 O'Clock the complaint was lodged. It is contended on behalf of the petitioner that offence cannot be under Section 302 of IPC as it took place due to sudden quarrel and secondly the medical evidence shows that the sharp side of the axe was not used.

(3.) HENCE the application for bail is rejected. The application for expediting the trial made on behalf of the petitioner cannot be considered at this stage.