High Court rejected the criminal application filed by an accused person who was alleged to have participated in an assault resulting in death, holding that the specific manner of assault precluded bail and leaving trial to proceed.
Criminal Application rejected; bail denied.
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.
Cri Appln 3681-10
1
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.3681 OF 2010
Dhananjay Pandurang Farne..Applicant
V/s.
The State of Maharashtra..Respondent
Mr.Umesh Mankapure, Advocate, for the
Applicant
Mrs.S.D.Shinde, APP, for the Respondent -
State
CORAM:R.C.CHAVAN, J.
DATE:27TH AUGUST, 2010
P.C.
.The Applicant, who is alleged to have
participated in an assault which led to death
of one Dhanaji Sampatrao Patil claims his
enlargement on bail amongst others on the
ground that all the four accused, who were
involved in the assault along with him have
been admitted to bail. As rightly pointed out
by the learned APP, four accused who were
admitted to bail were alleged to have beaten
the victim with fists and kicks whereas the
2 Cri Appln 3681-10
Applicant is alleged to have hit the victim
with bamboo stick.
2.The learned Counsel for the Applicant
next submitted that the incident allegedly
took place just in front of the house of the
victim. There were members of the victim's
family in the house. Yet none appears to have
seen the incident. He states that one Shahaji
Tanaji Patil victim's cousin as also
Sunilkumar Patil are stated to have seen the
incident. Both did nothing and went their own
way. They even did not disclose the incident
to the Victim's brother � Complainant
immediately after the incident. They informed
about the incident only on the next morning.
Before that Complainant, who had gone to the
spot found his brother lying dead in front of
the house at 00.30 hours. Therefore, the
learned Counsel for the Applicant questioned
if such witnesses could be believed. This, as
rightly pointed out by the learned APP, is in
3 Cri Appln 3681-10
the realm of appreciation of evidence and can
not be undertaken now, since the Applicant is
involved in the attack on the victim with
bamboo stick and fists and kicks. Criminal
Application is rejected.
3.The learned Trial Judge would
endeavour to dispose of the case as early as
possible and preferably within a period of six
months since the Applicant is in jail for
almost ten months now.
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail given that the death victim was allegedly assaulted with a bamboo stick unlike other accused who used fists and kicks.
Whether the unavailability of witnesses to observe the incident can be taken as a ground for granting bail.
Dhananjay Pandurang Farne
The State of Maharashtra
R.C. CHAVAN
As recorded by the court registry
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