In a criminal bail application regarding offences under sections 143, 147, 148, 149, 307, 323, 324, 504 of the IPC, the High Court of Bombay rejected the bail plea, deeming minor discrepancies in eye witness statements insufficient grounds for release given the clear evidence of injury.
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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 5331 OF 2009
Vishwambhar Dhondiba Kare & Anr....Applicants
vs.
The State of Maharashtra...Respondent
Mr.G.H. Kamalkar i/b. Mr.G.S. Hegde & Associates for
the Applicants.
Mrs.P.P. Shinde, APP for the State.
CORAM : V.M. KANADE, J.
DATED : DECEMBER 15, 2009
P.C. :-
1Heard Counsel for the applicants and APP
for the State.
2The applicants have been arrested in
connection with an offence punishable under Sections
143, 147, 148, 149, 307, 323, 324 and 504 of the
IPC.
2
3It is alleged that applicant no.1 assaulted
father of the complainant with an axe on his head
and applicant no.2 assaulted Trimbak with an iron
rod.
witnesses. The injury certificate corroborates the
version given by the complainant.
5Counsel for the applicants submits that the
other eye witnesses gave a different version of
assault by the present applicants.
6 There may be some minor discrepancy in the
statements of eye witnesses. However, that cannot
be a ground for releasing the applicants on bail,
particularly, because the intention of the
applicants appears to be quite clear which is
apparent from the statements of the eye witnesses
and the injured witnesses.
3
7 The application for bail is rejected.8The trial Court shall not be influenced by
any of the observations made by this Court while
deciding this application since these observations
are of a prima facie nature.
2 issues framed by the court
Whether the application for bail should be allowed given the allegations of assault and injury certificates corroborating the complainant's version.
Whether discrepancies in eye witness statements constitute a ground for releasing the applicants on bail.
The State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court