Dismissed

Kunal Manohar Gavali v. the State of Maharashtra

Bombay HC11 Dec 2009APPLN/4109/2009

Case brief

AI extract

What is this about?

In a criminal application regarding murder, robbery, and related offenses, the High Court refused bail to the applicant. The judge held that the gravity of the offense involving the murder for ornaments and the recovery of incriminating evidence at the applicant's instance precluded bail.

What did the court decide?

Bail application rejected. No bail granted to the applicant.

Kunal Manohar Gavali Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 4109 OF 2009

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Kunal Manohar Gavali...Applicant
vs.
The State of Maharashtra...Respondent

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Mr.A.P.Mundargi, Sr.Counsel i/b. Mr.Jayant Bardeskar
for the Applicant.

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Mrs.S.D. Shinde, APP for the State.

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 CORAM : V.M. KANADE, J.

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 DATED : DECEMBER 11, 2009

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P.C. :-

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1Heard Counsel for the applicant and APP for
the State.

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2The applicant has been arrested in

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connection with an offence punishable under Sections

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364, 394, 302, 201 read with 34 of the IPC
registered vide C.R.No.I-10/2009 with Narpoli Police
Station, Bhiwandi.

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3Prosecution case is that the deceased left

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the house at about 4 p.m. and did not return home.
The wife of the deceased made enquiries and came to
know that on 3rd January, 2009 he was in the company
of one Ravindra Mukadam and both of them had left on
the motor cycle. Said Ravindra Mukadam was known to
the deceased. A complaint, therefore, was registered
initially under Section 363 against accused no.1,
thereafter, dead body of the deceased was found in
a decomposed condition on 12th January, 2009 and
during the course of investigation, the present
applicant was also arrested along with two other
accused.

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4I have perused the material on record.
Recovery has been made at the instance of the
present applicant of blood-stained clothes, knife,
sword. The place where a mobile of the deceased was

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allegedly thrown was also shown by the present
applicant. There is also recovery of the rope which

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was allegedly used in the commission of the offence.

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Similarly, at the time of his arrest, two live
cartridges were found in his possession.

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applicant submitted that apart from this material,
there is no other material on record to show the
involvement of the present applicant. It is

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submitted that even the jeweller to whom the said

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ornaments was pledged by the co-accused also did not
identify the present applicant.

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6The learned APP appearing on behalf of the

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State, invited my attention to the post mortem notes

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and more particularly, the injuries which were found
on the person of the deceased. She submitted that
these injuries could have been caused with the

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sword, knife and the rope which is recovered at the
instance of the present applicant. She further
submitted that the jeweller in his statement has
stated that along with the co-accused, the present

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applicant and one other person who also had
accompanied and the jeweller was introduced to the
present applicant.

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7In my view, taking into consideration the
seriousness and gravity of the offence and the

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manner in which the deceased was murdered for the

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sake of removing his ornaments and the material
which is placed on record against the present
applicant, it is not possible to grant bail to the
present applicant. The post mortem notes indicate
that there were several incised wounds on the person

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of the deceased which could have been caused with
sword and with knife and the rope which was
recovered at the instance of the applicant. No case
is made out for grant of bail.

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8Application is rejected.

Kunal Manohar Gavali v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Kunal Manohar Gavali v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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