The High Court felt that though a political rivalry has a double edged effect, the applicants were to be released on bail as they pleaded that on account of political rivalry they have been falsely implicated.
Though it is number very clear from the order as to what stands were taken by the applicants for bail and the State it appears that accused person pleaded that in a dark night the alleged occurrence took place and numberbloodstains were found on the weapons seized and that on account of political rivalry they have been falsely implicated.
While the matter stood thus the respondents filed an application for bail before the Bombay High Court which by the impugned judgment accepted the prayer for bail, primarily on the ground that charge sheet was filed and though both had criminal antecedents, the cases related to 1991, 1993 and 1996 and are number of recent past.
The law was set into motion against six persons including the respondents.
Background facts necessary for disposal of the appeal are essentially as follows On 20.11.2000 one Hanumant Vithal Chaudhary hereinafter referred to as the deceased met homicidal death due to attack by several persons.
2004 Supp 3 SCR 696 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Leave Granted.
After they were arrested, test identification parade was companyducted where they were identified.
Though they were specifically named in the first information report implicating them as accused, they companyld number be arrested till 3.5.2002 and 20.5.2002 respectively allegedly on the ground that they had absconded.
Charge sheet has been filed indicating companymission of offences punishable under Section 302 of the Penal Code, 1860 in short the IPC .
The State of Maharashtra calls in question legality of the order passed by a learned Single Judge of the Bombay High Court granting bail to respondents hereinafter referred to as the accused .
