RAM PRASAD SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These applications under section 401 read with section 397 and further read with section 482 of the Code of Criminal Procedure are directed against the order passed by the learned Additional Sessions Judge releasing the non-applicants on bail. The facts as apparent on the record make explicitly clear that for want of requisite measures of proper care and caution by the Presiding Officer facilitated the accused to abuse the process of law.

(2.) The non-applicants in these applications are sons of one Ramjilal Sharma who is brother of applicant Ram Prasad. There had been a dispute since last twenty years between these two brothers regarding certain properties. On 28th March, 1987 at Kamptee, District Nagpur at 10.30 A.M. in broad day light in a busy locality like market place, one Chiku Sharma, son of the applicant Ram Prasad was assaulted with knife and he sustained 16 injuries. The non-applicants came to be arrested immediately for the offence punishable under section 302 read with section 34 of the Indian Penal Code.

(3.) The non-applicants on 3rd April, 1987 applied under section 439 of the Code of Criminal Procedure for grant of bail. They in their application alleged that deceased Chiku at the spot of incident tried to assault two of the non-applicants with knife and they sustained injuries on right palm. The further alleged that they tried to save themselves from the blows of the deceased and reached to the police station to report the matter. However, they were arrested.