The court confirmed an earlier order granting anticipatory bail. It found that while the victim sustained grievous injuries, they were inflicted by a co-accused with a hockey stick, not the applicant who hit the second victim with a chopper after the initial assault.
The Order dated 7th April, 2011 confirming the grant of anticipatory bail.
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.
ABA 251-2011
1
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY APPLICATION NO.251 OF 2011
Mukesh Krishnachandra Thakur..Applicant
V/s.
The State of Maharashtra..Respondent
Mr.S.P.Kadam i/b.Mr.K.M.Mhatre, Advocate, for
the Applicant
Mrs.P.P.Shinde, APP, for the Respondent -
State
CORAM:R.C.CHAVAN, J.
DATE:27TH APRIL, 2011
P.C.
.Heard the learned Counsel for the
respective parties. After the Order was
passed on 7th April, 2011, allowing applicant's
application for anticipatory bail, but before
the Order could be signed, the learned APP
pointed out that the victim had in fact
serious injuries & fracture of various bones
of the skull. The matter was re-heard. The
victim indeed has grievous injuries. The
Order dated 7th April, 2011 mentions that
injury certificate made available by the
learned APP for my perusal does not show
2 ABA 251-2011
grievous injuries this was because the victim
did not have grievous injuries. Even so as
rightly pointed by the learned Counsel for the
applicant injured person that Vijay Kadam
intervened in an assault which had already
taken place and in which Vijay Jha had been
injured. Thereafter, the applicant Mukesh
Thakur is alleged to have hit Vijay Kadam with
a chopper. The injuries which have been
observed by the Medical Officer are inflicted
with hockey stick which was launched by co-
accused Akhilesh. Thus, the grievous injuries
which are caused to Vijay Kadam are
attributable to Akhilesh and not to the
present applicant. Applicant was not a part
of unlawful assembly. Considering the role
attributed to the applicant in the injuries
caused to Vijay Kadam and absence of serious
injuries to Vijay Kadam, the Order dated 7th
April, 2011 is confirmed.
3 ABA 251-2011
2 issues framed by the court
Whether the earlier order granting anticipatory bail should be confirmed in light of the victim having grievous injuries caused by a co-accused.
Whether the applicant played a role in the attack or merely intervened after an assault had already taken place.
Mukesh Krishnachandra Thakur
The State of Maharashtra
R.C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court