LAWS(BOM)-1998-1-129

LAXMAN BANDU KARANDE Vs. STATE OF MAHARASHTRA

Decided On January 05, 1998
Laxman Bandu Karande Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Application for grant of bail filed by the petitioners before the Additional Sessions Judge, Sangli, has been rejected on 16th October 1997 and, therefore, they have approached this court.

(2.) Lalita is the daughter of the complainant Abaji Gadve. Indrabai is the sister-in-law of Lalita. Some quarrel took place between Lalita and Indirabai on 16th July 1997 and on that basis husband of Indrabai had come to the house of the complaint to ask Lalita why she told Indrabai that Lalita and her husband would stay separate from indrabai and her husband. In that connection one meeting of the family members for settling the dispute was called on 19th July 1997. Quarrel ensued in that meeting and petitioners are alleged to have caught hold of Ashok when later tried to pick up stone and then one Shivaji Kalekar took out a dagger from his pocket and dealt blow on the back of Ashok. Because of that, Ashok died. About this incident, Abaji lodged complaint in Umadi police station. Petitioners came to be arrested in that connection on 22nd July 1997.

(3.) I have heard Shri Ingawale for the petitioners and Shri Behere, A.P.P. for the Respondent-State. From the aforesaid fact, it would be seen that the role attributed to the petitioners is of catching hold of Ashok when picked up stone and thereafter Shivaji, who has not preferred bail application, dealt blow of dagger on the back of Ashok. Having regard to the aforesaid facts, I find this to be a fit case to grant bail, subject to certain conditions.