Single bench criminal application for bail in murder charge involving abandonment and death of a minor. Court rejected bail due to serious nature of allegations. Conclusion printed immediately after reasoning, without explicit operative order text.
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 Cri.A.3686.11
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3686 OF 2011
[ Jagannath S/o Subhash Kolge and another
Vs.
The State of Maharashtra ]
OfficeNotes,Office Court’s or Judge’s Orders
MemorandaofCoram,
appearances,Court’s
orders or directions and
Registrar’s orders.
Shri.S.T.Gupte,Advocate for Applicants.
Shri.B.J.Sonwane,APP for Respondent.
....
CORAM: R.Y.GANOO, J.
DATE : 28TH NOVEMBER,2011.
PER COURT :
1. Heard learned counsel on both sides.
2. Both the applicants are charged under
sections 302, 201 read with section 34 of
the Indian Penal Code. The FIR is filed
by the mother of the child by name Pankaj
on 26.10.2010. She claims that her child
was taken away for purchase of new cloths
by Babasaheb Shinde. The said child did
not return till 26.10.2010, hence she
filed FIR. Investigation papers show
2 Cri.A.3686.11
OfficeNotes,Office Court’s or Judge’s Orders
MemorandaofCoram,
appearances,Court’s
orders or directions and
Registrar’s orders.
that dead body of Panakj was found in
decomposed condition. The post mortem
report do indicate that cause of death is
“Due to cardirespiratory failure due to
neurogenic and hyprovolamic shock“. A
person dealing in liquor business by name
Vilas has stated that child wearing shirt
and Chocklet Pant was found in the
company of Babasaheb and two applicants
in the morning of 24.10.2010. He had
noticed these three persons going in
direction of forest. He again noticed
that three persons at about 3.00 p.m.
returned and at that time child was not
with them. All this will clearly go to
show that the present applicants were
seen with deceased as by way of last
seen. This role of the present
applicants speaks volume. As such,
prima facie case is made out against
applicants. The allegations are of
3 Cri.A.3686.11
OfficeNotes,Office Court’s or Judge’s Orders
MemorandaofCoram,
appearances,Court’s
orders or directions and
Registrar’s orders.
serious nature. The applicants took
advantage of the helpless child of tender
age and caused his death. In my view the
present applicants would not be entitled
for bail. The application for bail is
consequently rejected.
MTK
2 issues framed by the court
Whether bail is maintainable in a charge of murder under Sections 302, 201 and 34 IPC in a case involving abduction and death of a minor?
Whether a prima facie case is made out against the applicants for committing murder and causing death of a person below 12 years of age?
Jagannath S/o Subhash Kolge and another
The State of Maharashtra
R.Y. Ganoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court