GOVIND Vs. STATE OF MAHARASHTRA
HIGH COURT OF BOMBAY
STATE OF MAHARASHTRA
Click here to view full judgement.
(1.) This is an application under Section 438 of the Code of Criminal Procedure by three of the accused from Crime No.26/2020 registered with
Gangakhed Police Station, District Parbhani for the offences punishable
under Sections 307 , 323 , 504 , read with Section 34 of the Indian Penal
(2.) Shortly stated the allegations are to the effect that on 18.01.2020 in the evening hours the informant was sitting on a bullock cart which was parked in front of the shop of the accused Sanjay. Sanjay along
with present applicants was sitting in the shop. In the meantime,
informant's friends Balu @ Mangesh Munjaji Muthal and Pandit Anandrao
Bhise arrived there on a motorcycle and started talking to him. Having seen
them talking, Sanjay came near him and questioned him as to why he was
sitting in his bullock cart and started abusing him. He then got down from
the cart. The applicants caught hold him and Sanjay slapped and assaulted
him. Thereafter Sanjay brought a thermocol cutter from his shop, declared
his intention to kill the informant and inflicted injuries with that cutter on
the neck and chest and attempted to kill him. He was shifted to
Government Hospital at Gangakhed and thereafter was referred to the
Government Hospital Nanded. The FIR was lodged on 19.01.2020 and the
crime was registered.
(3.) The learned advocate for the applicants submits that though the applicants have been named in the FIR no specific overt act is attributed to
them. It is being vaguely alleged that they exhorted Sanjay and aided him
by catching hold the informant. The injuries with a weapon are attributed
to accused Sanjay. The incident had taken place on a spur of moment.
There was no strong motive. Nothing is to be discovered from the
applicants. There are no criminal antecedents. They are ready to co-operate
the Investigating Officer and they may be granted anticipatory bail.;
Copyright © Regent Computronics Pvt.Ltd.