SACHIN SANTOSH BENIBAGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein is seeking bail in respect of FIR dated 08/12/2018, for offence punishable under Section 302 of the Indian Penal Code. The complainant herein is the brother of the applicant and the victim is their father.

(2.) As per the oral report lodged by the complainant leading to registration of FIR, it was stated that the deceased was a person addicted to consumption of alcohol and creating a scene in his house. The deceased used to allegedly beat up his own wife i.e. the mother of the applicant as well as the complainant after consuming liquor, due to which she had left the house and started residing at the house of her brother. On the date of incident i.e. 07/12/2018, when the complainant had taken his pregnant wife for hospitalization, he received a call from the applicant stating that he had assaulted the deceased and caused serious injuries. In fact, it is stated in the complaint that the police also spoke to the complainant.

(3.) It appears from the material on record that when the applicant and the deceased were together in the night at home, the deceased upon consuming liquor had entered into the quarrel with the applicant and in a fit of anger the applicant picked up weapon i.e. steel rod with circular blades and repeatedly assaulted the deceased on his face and head. This resulted in the death of the victim on the spot. It has also been recorded that the applicant himself was walking towards the Police Station for reporting what had happened and that he met the police and process of registering of complaint and FIR was undertaken. The learned counsel for the applicant has invited attention of this Court to the statements made by witnesses, who are neighbours of the applicant, wherein it is consistently stated that the deceased used to consume liquor and quarreled with family members and he used to create nuisance. On this basis, it is submitted on behalf of the applicant that since investigation is complete and chargesheet has been filed on 06/03/2019, the applicant deserves to be enlarged on bail, particularly when there are no criminal antecedents.