This judgment rejects an application for bail in a murder case where the accused stabbed a watchman to death; bail is denied due to the ghastly and brutal manner in which the accused discharged his duty.
Bail application rejected; accused remains in custody.
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.
CR.APL NO.15/2011
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
912. CRI.APPLN/ 15/2011 JAVED KHAN AZAM KHAN
V/S THE STATE OF MAH
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mrs. S.S.Jadhav,Adv., for the
applicant.
Mr.K.M.Suryawanshi, APP for
State.
...
CORAM: K.U.CHANDIWAL, J.
DATE: 20.1.2011
1.Heard. The accused/applicant
seeks bail in Crime No.157/2009,
registered at Sadar Bazar Police
Station, Jalna, in an offense under
Section 302 of IPC.
2.On 22.6.2009, the accused and
his associates, his brother, had
consumed Beer in a shop and since
they were leaving without discharging
the bill, they were directed to be
accosted and, consequently, the
Watchman Bhagirath on duty, asked the
accused, his associates about the
bill. This enraged them and
created a situation of embroilment.
The associates of the accused
controlled said Bhagirath while the
accused/applicant stabbed him with
force. Such injury was suffered at
CR.APL NO.15/2011
2
auxillary region, at the left side
due to which, while Bhagirath was
taken to the hospital, he succumbed.
The post mortem notes correspond to
the events as have been narrated by
the eye witnesses, including the
weapon and it was single blow injury
that has taken toll of the precious
life of said Bhagirath.
3. Though investigation is
completed and chargesheet is filed,
the ghastly manner and brutality with
which the events have taken place,
eliminating deceased Bhagirath who
was lawfully discharging his duty,
does not warrant for releasing the
accused on bail.
Application rejected.
The observations are prima facie
in nature. The learned Judge seized
with the matter shall expeditiously
dispose of the Sessions Case as the
accused is in custody since 23rd
June, 2009.
...
AGP/15-11crapl
2 issues framed by the court
Whether bail should be granted to the accused charged with murder for brutally stabbing a watchman while discharging his duty.
If the ghastly manner and brutality of the crime warrant refusal of bail despite completed investigation.
1 provisions across 1 enactments
Javed Khan Azam Khan
The State of Mah
K.U. Chandiwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court