APPASO @ KUMAR KALLAPPA KUMASAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 439 of the Cr.P.C. filed by the aforesaid Applicant, who has been arrested in C.R. No.135 of 2018 registered with Sanjay Nagar Police Station, District-Sangli, for offences punishable under Section 302 and 201 r/w. 34 of the Indian Penal Code, 1860.

(2.) Heard Mr. Kuldeep Patil, the learned counsel for the Applicant and Mr. S.R. Agarkar, APP for the Respondent-State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

(3.) The aforesaid crime was registered pursuant to the FIR lodged by Balkrishna Katkar, who was employed as a barman at New Ratna Delux Hotel at Miraj. The FIR reveals that on 17.7.2018 between 10 to 11 p.m., one Samadhan Mante was having drinks at the hotel. There was a quarrel between said Samadhan Mante and one bearded person, who has been subsequently identified as Jakir Ajmuddin Jamadar. The first informant and the other staff intervened and they took said Jakir out of the hotel and pulled down the shutter. Sometime later the first informant and Samadhan Mante also left the hotel. The first informant claims that while they were standing outside the hotel, Jakir Ajmuddin Jamadar came alongwith two other persons and that said Jakir Ajmuddin Jamadar inflicted several blows on Samadhan Mante by means of a sharp weapon.