CHANDRAKANT TUKARAM PHARTADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel appearing on behalf of the Applicants and the Learned APP for the State.

(2.) THE Learned Counsel for the Applicants submit that so far as the Applicant Nos.2, 3 and 4 are concerned, the only allegation which is made against them that they were instigating the Applicant No.1 to commit the said act of pouring kerosene and set the deceased on fire. He submitted that other two co-accused, who had instigated the Applicant No.1, have been released on bail by this Court.

(3.) PERUSAL of the statement of the witness, which clearly indicates that the Applicant Nos.2, 3 and 4 were merely instigating the Applicant No.1. This is the only role that has been attributed to them. Therefore, the Applicants are entitled to be released on bail. However, there is sufficient evidence against the Applicant No.1 and, therefore, his application for bail is rejected. So far as, Applicant No.1 is concerned, liberty, however, is granted to apply for bail if the trial is not over with reasonable time.