Single judge granted bail to applicant convicted under IPC 326 considering cross complaint where opposing accused were bailed and acquitted. Bail granted on bond with sureties and monthly police reporting.
Granted bail on execution of Personal Bond of Rs.5000/- with sureties, reporting monthly to police station.
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. 708 OF 2010 IN
CRIMINAL APPEAL (STAMP) NO. 429 OF 2010
Ranjit Ramkumar Nagotra...Applicant
vs.
State of Maharashtra...Respondent
Mr.S.J. Shelke for the Applicant.
Mrs.R.V. Newton, APP for the State.
CORAM : V.M. KANADE, J.
DATED : JULY 2, 2010
P.C. :-
1Heard Counsel for the applicant and APP for
the State.
2The applicant is convicted for the offence
punishable under Section 326 of the IPC and
sentenced to suffer RI for five years and to pay
fine of Rs.1000/- and in default, to suffer RI for
one month. The applicant was on bail during trial.
2
3It is submitted that the cross complaint
was filed by the applicant herein and three persons
from the rival group have been convicted under
Section 452. The applicant was also injured in the
said incident. Counsel for the applicant submits
that the said accused in the complaint filed by him
have been granted bail by this Court by order dated
19th June, 2009 (Coram : A.R. Joshi, J.) in Criminal
Application No.630 of 2009. It is submitted that so
far as the case filed against them is concerned,
three persons have been acquitted by the Sessions
Court.
4The learned APP appearing on behalf of the
State, on the other hand, vehemently, opposed the
application for grant of bail. Firstly, she
submitted that so far as the present applicant is
concerned, there are two cases pending against him,
one was regarding complaint filed in 2004 and the
another in a complaint filed in 2008. The chapter
proceedings are also filed against him. She also
3
invited my attention to the evidence of the Doctor
who had examined the injured. It is submitted that
the injured had suffered grievous injury and
therefore, it was urged that the bail may not be
granted to the applicant.
5Taking into consideration the sentence
awarded by the trial court and also the fact that
there was a cross complaint filed by the present
applicant and the accused in the said complaint have
been released on bail by this court, the applicant
also deserves to be released on bail.
execution of P.R. Bond in the sum of Rs.5000/- with
one or two sureties in the like amount. He shall
report to the concerned Police Station once in a
month.
7Application is disposed of.
1 issue framed by the court
Whether the applicant, convicted under Section 326 IPC with a five-year sentence and pending in another case, deserves bail.
Ranjit Ramkumar Nagotra
State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court