VISHWANATH KESHAV BAIDKER Vs. STATE

JUDGEMENT

(1.) This is a petition for being enlarged on bail filed under Section 439 Cr. P. C., 1973.

(2.) The petitioner along with five others are now awaiting their trial before the Court of Session for offences punishable under Sections 143, 147, 149, 302, 307, 326 and 504 of the I. P. C. The petitioner is the father of accused Rama, Shantaram and Ashok. The other two accused i. e. Shivram and Laxman are said to be the labourers of the petitioner. It appears that at about 15.30 hours on 12th July, 1979, there took place an incident of assault in a field. As a result of the assault, three persons died. The dispute arose when the field was being ploughed by Namdeo Baidekar. The deceased happened to be the brothers of the petitioner. Two earlier petitions for bail filed by the petitioner were rejected. The last one was rejected by the officiating District and Sessions Judge on 28th August, 1979.

(3.) Mr. A. Vaze, learned Advocate appearing for the petitioner has made the submission that there appear to be no reasonable grounds for believing that the petitioner has been guilty of the alleged offence of murder on the basis of the materials placed on record, Mr. Dias, Government Advocate has strongly objected to the petitioner being enlarged on bail. He has submitted that apart from the gravity of the offences, the petitioner being the head of the family, the prosecution reasonably apprehends that he is likely to tamper with the prosecution witnesses.