Single judge allows bail to applicant convicted under Sections 302 and 149 IPC booking for murder. Court notes medical report does not indicate fatal sword injury despite prosecution claim, relying on release of other co-accused.
Released on bail in sum of Rs.20,000/- with one or two solvent sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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| IN THE APPELLATE |
HIGH |
COURT O SIDE |
F JUDICATURE CRIMINAL |
AT JURI |
BOMBAY SDICTION |
|
|---|---|---|---|---|---|---|
| CRIMINAL | APPLICATION IN |
NO.3654 | OF | 2005 | ||
| CRIMI | NAL | APPEAL | NO.540 | OF | 2005 | |
| Shri | Yogendra | @ | Tillu | Ramlal G |
upta.. | Applicant |
| v/s. | ||||||
| The St | ate of Maharashtra | .. Respondent | ||||
| Mr.M. | J.Bhatt | for | the | applicant. | ||
| Ms.P. | H.Kantharia, |
Addl. | Pro | secutor for |
the | State. |
| CO | RAM : |
SMT.RANJANA | DESAI | AND |
||
| ANO | OP V. |
MOHTA, | JJ. | |||
| DA | TED : |
20th | October, | 2005. | ||
| P.C. | Heard. |
| 2. The applicant alongwith |
other accused |
is |
|---|---|---|
| interalia convicted under section 302 |
read | with |
| section 149 I.P.C. and sentenced |
to suffer |
life |
| imprisonment. The applicant is |
original | accused |
| No.4. We are informed by the |
learned |
counsel |
| appearing for the applicant that by |
order | dated |
| 11th August, 2005, original accu |
sed No.5 |
is |
| released on bail. He states that |
all other |
accused |
| have also been released on bail |
by this |
court. |
| According to him, the case of t |
he present |
applicant |
| is almost identical to that of the |
accused who |
have |
| been released on bail. Accor |
ding to |
the |
| prosecution, the applicant had a sw |
ord in his |
hand |
| and he dealt a sword blow on the |
deceased. | The |
| learned counsel submitted that the |
medical | evidence |
| does not indicate that the deceas |
ed had |
received |
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| any | sword injury |
and ther |
efore, | the | applicant | be |
|---|---|---|---|---|---|---|
| released | on bail. |
We have |
had | a | look at |
the |
| evidence | of P.W.7, |
Dr.More | who | had | performed | the |
| postmortem | on the |
deceased. | H | e |
has clearly |
stated |
| that th |
e injuries menti |
oned in |
colum | n | No.17 are |
not |
| possible | if sharp |
edged sword |
is | used. | He | has |
| further | stated that shar |
p edged |
weap | on | was not |
used |
| while | causing injuries |
Nos.18 | and | 19 | described | in |
| the | postmortem note. |
If that |
is |
so, | then | prima |
| facie, | it cannot |
be said |
that | the | fatal | injuries |
were caused by sword blow allegedly given by the
applicant.
| 3. | Ms.Kantharia, | the learned A.P.P. |
contended | |
|---|---|---|---|---|
| that | the doctor |
has also stated that |
the | blunt |
| portion | of the |
same weapon can |
cause | injuries. |
| This | submission does |
not impress us. |
Accor | ding to |
| the | prosecution, the |
other accused have |
used | wooden |
| rods. | Then it |
is quite possible that |
the | fatal |
| injuries | were caused |
by the wooden rods. |
In | view |
| of | this, considering |
the fact that |
all | other |
| accused | have been |
released on bail exc |
ept | accused |
| No.6 | we are of |
the opinion that |
the | present |
applicant should be released on bail. Hence we
pass the following order:-
| The | applicant | Yogendra | @ | Tillu | Ramdas | ||
|---|---|---|---|---|---|---|---|
| Gupta | is | ordered | to be |
relea | sed on |
bail in |
|
| the | sum | of | Rs.20,000/- | with | one | or two |
|
| solvent | sureti | es | to make |
up | the | amount. | |
| While | on | bail, | the a |
pplicant | shall | report |
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to Wagle Estate Police Station once in a
month on a date to be fixed by the
concerned Station House Officer. The
applicant shall not leave Thane and Mumbai
Districts without the prior permission of
the Station House Officer concerned.
(SMT.RANJANA DESAI, J.)
(ANOOP V. MOHTA, J.)
2 issues framed by the court
Whether the applicant should be released on bail considering the medical evidence does not indicate a sword injury despite the prosecution claim.
Whether the applicant should be released on bail given that other co-accused have already been released on bail in the identical case.
1 provisions across 1 enactments
Shri Yogendra @ Tillu Ramlal Gupta
The State of Maharashtra
Ranjana Desai
Anoop V. Mohta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
