MAHENDRA SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Accused No.1 in Sessions Case No.78/2014 pending on the file of Additional Sessions Judge-2, Latur, arising out of CR No.80/2014, registered with MIDC, Latur police Station, Latur, has preferred the present application seeking his release on bail.

(2.) The applicant is being prosecuted for the offences punishable under Ss. 302, 364, 354, 376(2)(g),363, 201, 203, 120(B) read 34 of IPC along with other five accused. The investigation in CR No.80/2014 was initiated on the report lodged by one Mangal Giri at MIDC police station, Latur on 27/3/2014 in respect of death of his daughter Kalpana, alleging the same to be homicidal death. It was also alleged by said Mangal Giri in report so filed by him that his daughter Kalpana was kidnapped and then sexually abused and was murdered. In the FIR, admittedly, no one was named by the informant and it was lodged against unknown persons.

(3.) On such FIR lodged by Shri Mangal Giri, the investigation was set in motion and involvement of six persons was revealed in commission of the alleged crime. As is revealing from the record, present applicant (Accused No.1) surrendered before the police 29/3/2014 and since then he is behind the bars. The material on record further reveals that first charge sheet in the matter was filed on 24/6/2014. The record further shows that supplementary charge sheet came to be filed on 12/12/2014. The second supplementary charge sheet was filed on 10/6/2015 by CID Flying Squad, Pune. The material on record further reveals that the learned Sessions Judge framed the charge against the present applicant and the other accused persons on 4/8/2016. it is the further matter of record that thereafter the further investigation in the matter was transferred to Central Bureau of Investigation ( herein after referred to as CBI) w.e.f. 8/8/2016 and since then, the further investigation is under seisin of CBI. Admittedly, the CBI has not yet filed any supplementary charge sheet.