Remanded

Nitin Krushnarao Rokade v. Rasika Rajendra Nikumbh and Ors.

Bombay HC27 Sept 2012APPLN/2905/2012

Case brief

AI extract

What is this about?

The High Court at Aurangabad set aside an order granting anticipatory bail against a backdrop of disputed medical injuries, ordering the lower court to reconsider the matter afresh within three weeks while allowing the current bail to continue temporarily.

What did the court decide?

The impugned bail order dated 25.6.2012 is set aside; the question of grant of bail to be decided afresh by the Sessions Judge.

Nitin Krushnarao Rokade Vs Rasika Rajendra Nikumbh and Ors. — Bail and Remand | Bombay HC (2012)

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CRIAP-2905.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

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BENCH AT AURANGABAD.

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CRIMINAL APPLICATION NO. 2905 OF 2012

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Nitin s/o Krushnarao Rokade

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Applicant

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Smt. Rasika w/o Rajendra Nikumb and others Respondents

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Shri C.R. Deshpande, Advocate for the applicant Shri Joydeep Chatterji Adv. for Resps. No. 1 & 2. Shri R. P. Phatke, A.P.P. for Responden t No. 3.

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CORAM : M. T. JOSHI, J.

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DATE : 27TH SEPTEMBER, 2012

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P. C.

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Heard both sides.

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This is an application by original complainant seeking cancellation of anticipatory bail granted by learned Sessions Judge, Dhule vide order dated 25.6.2012, to Respondents No. 1 and 2- original accused in Crime No. 70 of 2012 registered with Deopur Police Station, Dhule for offences punishable under Sections 326, 324, 143 and 147 of the Indian Penal Code.

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CRIAP-2905.12

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Learned Counsel for the applicant submits that the learned Sessions Judge while granting anticipatory bail did not consider the material on record, regarding injuries found on the person of the applicant-complainant. He further submits that the MRI report, a copy whereof is filed on record, would show that the applicant-victim has suffered linear fracture of right parietal bone with adjacent scalp edema.

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Learned Counsel for Respondents No. 1 and 2-original accused, however, opposed the application. He submitted that learned Sessions Judge took into consideration all the relevant facts and passed appropriate order.

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The order of the learned Sessions Judge indicates that since the MRI report has come into existence after passing of the said order, the said report could not be considered by him while passing the impugned order.

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Both sides further argued on various factors which need not be considered at this stage for the reason that the order was passed at the time when only documents regarding external examination of the complainant, without MRI report, were on record.

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CRIAP-2905.12

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In the circumstances, the impugned order dated 25.6.2012 passed by the learned Additional Sessions Judge, Dhule in Criminal Application No.519 of 2012 is set aside. However, protection granted to present Respondents No. 1 and 2 shall continue for a period of three weeks from the date of this order. Respondents No. 1 and 2 are at liberty to file fresh application for grant of anticipatory bail before the learned Sessions Judge within said period of three weeks. The said application shall be decided by the learned Sessions Judge afresh, taking into consideration all the grounds and on merits of the case as may be argued by both the sides.

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With observations, as aforesaid, application stands disposed of.

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pnd/CRIAP-2905.12

Nitin Krushnarao Rokade v. Rasika Rajendra Nikumbh and Ors.

Case brief

What is this about?

What did the court decide?

Nitin Krushnarao Rokade v. Rasika Rajendra Nikumbh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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