Single Judge Criminal Application seeking bail for applicants arrested for Section 307 IPC. Despite serious allegations, lack of evidence due to refusal to provide sample supports bail order under Section 323 IPC.
Applicants released on bail in Rs. 20,000 with one surety and directed to report to police station on specified intervals.
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.4569.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 4569 OF 2011
VERSUS
... Shri.B.R.Sontakke, Patil Advocate for Applicants. Shri.B.V.Wagh, A.P.P. for Respondent-State.
CORAM: R.Y.GANOO, J.
DATE : 24TH NOVEMBER, 2011.
PER COURT :
Code. The applicants are alleged to have administered some liquid to
Kerba. He was taken to Government Hospital and there he was given some
2 Cri.A.4569.11
treatment. Looking to the nature of the offence, it was necessary to ascertain as to what substance was administered to Kerba. According to the instructions received from the Investigating Officer, learned APP appearing for the respondent-State informs the Court that Kerba refused to give sample of sputum and consequently the Doctor could not investigate what would be the contains of liquid substance. If this is the stage and investigation is going on, at the most the applicants can be said to have committed an offence punishable under section 323 of the Indian Penal Code. No prima facie case is made out to say that offence under section 307 of the Indian Penal Code is made out as on today. The applicants came to be arrested on 26.09.2011. With aforesaid record, I am of the view that as on today the applicants are entitled to bail. Hence, the following order:
bail, in connection with Crime No. 178 of 2011, registered with Ahmedpur Police Station, District Latur, in the sum of Rs.20, 000/-(Rupees Twenty Thousand) with one surety in the like amount. Each of the applicant shall execute P.R. bond of sum of Rs.20, 000/-(Rupees Twenty Thousand).
3 Cri.A.4569.11
(ii) Each of the applicant shall report the concern Police Station firstly on 30.11.2011 between 11.00 a. m. to 5.00 p. m. and thereafter on every Fourth Saturday between 11.00 a. m to 4.00 p. m. till filing of the charge-sheet and six months thereafter.
. The Criminal Application stands disposed of in the above terms
accordingly.
Sd/[ R.Y.GANOO, J. ]
MTK
2 issues framed by the court
Whether the applicants are entitled to bail pending investigation given the lack of evidence regarding the substance administered to the deceased.
Whether a prima facie case is made out for the reduced offence under section 323 IPC in light of insufficient medical findings.
1 provisions across 1 enactments
Ramesh S/o Bapurao Deokatte
Rohidas @ Rohit S/o Sakharam Deokatte
Vekati S/o Bapurao Deokatte
Permeshwar S/o Ramrao Deokatte
The State of Maharashtra
R.Y. Ganoo
As recorded by the court registry
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