MATRIS KALYA BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein has approached this Court for grant of bail in respect of the offence registered against him under Section 302 of the Indian Penal Code. The oral report leading to registration of FIR, the contents of FIR and Statement of witnesses recorded during the course of investigation show that even as per the prosecution there is material to indicate that the applicant assaulted the victim with an axe for the reason that the victim was having an affair with the wife of the applicant and that they were allegedly seen together in the house of the victim. Thus, statements of witnesses show that the applicant was found with an axe in his hand in the house of the deceased (Victim) whose body was lying in a pool of blood in his house.

(2.) In this backdrop the learned counsel appearing for the applicant submits that even if the material that has come on record is assumed to be true for the sake of argument, the present case was a clear case of the applicant having acted under grave and sudden provocation and that he was entitled to the benefit of the same, in so far as the act alleged to have been committed by him. It is submitted that there are also certain discrepancies in the statements of witnesses as compared to the statement and oral report given by the informant. In this backdrop, it is submitted that since the applicant is behind bars since 09/11/2018, he deserves to be released on bail.

(3.) The learned APP submits that the applicant in the present case was found at the spot of the incident with dangerous weapon like an axe in his hand and that his involvement in the crime is clearly established. It is further submitted that looking to the nature of the offence if the applicant is released on bail there is apprehension that he would influence witnesses. On this ground the grant of bail is opposed.