LAWS(BOM)-1989-11-34

RAMBHAU ANANDRAO KEDAR Vs. STATE OF MAHARASHTRA

Decided On November 18, 1989
RAMBHAU ANANDRAO KEDAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) AN application for anticipatory bail under section 438 of the Code of Criminal Procedure has been filed by the four petitioners before this Court. The offence springs from the death of one Rekha, who happens to be the sister of the petitioners Nos. 2 and 3. On 6-11-1989 at about 12 noon or so, the body of Rekha was found in the well situated within the compound of the petitioners 2 and 3. It was taken up and from there it was directly taken to the village Patansaongi in a Car. The body came to be cremated at Patansaongi. Initially this death came to be registered as an accidental death, but subsequently the offence came to be registered under sections 302 and 201 read with section 34 of the Indian Penal Code. It is in respect of this offence that anticipatory bail is being sought from this Court.

(2.) IT is the case of the petitioners that they happen to be the close relatives of one Babasaheb Kedar, who is a most influential person and they being his relatives, the political rivals have taken this opportunity to involve them falsely in the present offence.

(3.) NOTICE was issued to the State and the learned Public Prosecutor has filed a detailed reply. The affidavit is sworn by Gundle, Police Inspector attached to the Sakkardara Police Station.