ABDUL RAZZAK FAQUIH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) These are the applications under Section 439 of Criminal Procedure Code filed by the aforesaid Applicants, who have been arrested in C.R. No. 289 of 2018 registered with Bundgarden Police Station, District-Pune for offence punishable under Sections 304 (2) read with section 34 of Indian Penal Code, 1860.

(2.) Heard Mr. Amit Desai, the learned senior counsel for the applicant- Abdul Faquih, Mr. R.D. Suryawanshi for the Applicant- Pandurang Vanare, Mr. Kedar Prabhu for the Applicant-Sanjaysingh Vishnudevsingh and Mr. S.H. Yadav, the learned APP for the Respondent-State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

(3.) The records reveal that on 5.10.2018 at about 1.45 p.m. at Juna Bazar near Amar Chowk, while metal hoardings on the railway property were being removed, one of the hoardings fell on the vehicles and resulted in death of four persons and injury to others. One Shri Kiran Rajaram Jadhav lodged the FIR with the Bundgarden police station alleging that the said hoardings were being removed without giving prior intimation to the police and without obtaining appropriate permission. Based on the said FIR the aforestated crime came to be registered for offence under Section 304(2) r/w. 34 of the IPC .