EKNATH MHATARBA SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Shri Adsule, the learned A P P. waives service of rule. By consent rule fixed forthwith.

(2.) DURING the hearing Smt. Dhamale, the learned advocate appearing on behalf of the applicants has not pressed the application of applicant No.2 Raghunath Mhatarba Shinde and applicant No.4 Bhausaheb Raghunath Shinde and requests that liberty be granted to move the court for bail after the charge-sheet is filed. Considering the request, permission to delete applicants No.2 and 4 is granted as the application is not pressed.

(3.) FROM the investigation the police has recorded statement of the witnesses and it is the prosecution case that the said injured witnesses who were present were the eye-witnesses to the incident. After arrest of the accused all the accused to the said crime have filed application for bail and it is the case of the applicants that the accused were falsely involved in the offence at the instance of the complainant as according to the applicants the original applicant No.7 Sitabai, one of the accused was in possession of the field Gat No.64 belonging to deceased Keshav on the basis of the agreement to sale and the accused relied upon the agreement which was executed on 26-11-1980 and further a Kabja Pavati to show that possession of Gat No.64 was handed over to Sitabai on the day of execution of the agreement. It is the case of the accused that on 17-6-1999 deceased Keshav entered into the field and restrained accused No.7 Sitabai and during that time the deceased had sustained injury as he entangled with the plough and sustained injury and subsequently he succumbed to the injuries. A false complaint is filed against the accused by Shankar before the police. Dealing with the said application for bail and on examining the papers of investigation the learned Additional Sessions Judge has allowed the application of original applicants No.5 to 7 and rejected the application of the present applicants and the other two accused.