Parmeshwar VS State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

AVINASH G. GHAROTE
Parmeshwar – Appellant
Versus
State of Maharashtra – Respondent

Advocates Appeared:
A.K.Bhangde, Advocate, I.J.Damle, Advocate

JUDGMENT

1. Heard Mr. Bhangde, learned counsel for the applicant and Mr. Damle, learned APP for non-applicant/ State.

2. The applicant has been arraigned for the offence punishable under Ss. 302, 120-B, 176-B read with Sec. 34 of the Indian Penal Code registered with Police Station, Kalamna, in Crime No.764/2021.

3. Mr. Bhangde, learned counsel for the applicant submits that the applicant has no role to play in the alleged incident, the applicant was not present on the spot. The only allegations against the applicant is supplying the knife to the accused nos.1 and 2 which is claimed to have been used for the purpose of the aforesaid offence and therefore, considering the role he is entitled to bail.

4. Mr. Damle, learned APP for non-applicant/State disputes that the applicant was not on the spot of the incident. He, however, agrees that no overt act is attributed to the applicant. He submits, that the incident is fall-out of a conspiracy between the applicant and co-accused, and therefore, the application needs to be rejected.

5. A perusal of the charge-sheet indicates that on 29/9/2021 the deceased Akash was assaulted by the accused no.1 Vikki and no.2 Rohit by way of a knife below

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