This order rejects a bail application where the applicant is accused of murder. The court held the case is not fit for bail given the grave nature of the offence and witness testimony.
Application for grant of bail is rejected.
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 HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2122 OF 2006
Raju Lahu Kamble...Applicant.
Vs.
The State of Maharashtra...Respondent.
Mr.R.V. More for the Applicant.
Mr. Rajesh More, APP. for the State.
CORAM : R.S. MOHITE,J.
DATED : 19/6/2006.
P.C.
1. This is an application for grant of bail. The
applicant is shown as an accused in C.R.No.154/2005
registered by Old Rajwada Police Station, Kolhapur for
the offence punishable under Section 147,148,149,302 and
323 of the Indian Penal Code. The matter is committed
to the Court of Sessions. On perusal of the F.I.R.
lodged by Vilas Baburao Bhandari, it appears that the
applicant gave fist and kick blows to the deceased and
other accused Vinod Kesarkar stabbed the deceased on
chest and back. There are four eye witnesses to the
incident. The version given by the eye witnesses is
supported by medical certificate which indicates two
incised wounds on vital parts of the body of the
deceased. There is also recovery of knife. Not a fit
case for grant of bail. Hence, application is rejected.
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2. It is made clear that the observations made in this
order are prima facie and should not be used by the
Sessions Court at the time of trial.
(R. S. MOHITE, J.)
1 issue framed by the court
Whether the applicant is entitled to be granted bail in a fixed-term bail case.
2 provisions across 1 enactments
Raju Lahu Kamble
The State of Maharashtra
R.S. MOHITE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court