Application for regular bail rejected. The High Court held that the case rests on a dying declaration regarding an attempt to murder by burning, supported by witness statements, and finding prima facie involvement, there is no fit case for bail.
Application for regular bail rejected.
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 CriApln461/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.461 OF 2012
Bhagya @ Bhaginath s/o Indrya @
Indrabhan Bhosale
Applicant
V E R S U S
The State of Maharashtra
Respondent
Shri S.N. Jadhav, Advocate for the applicant
Shri S.B. Pulkundwar, A.P.P. for the respondent/State
CORAM : A. H. JOSHI, J.
DATE : 21ST FEBRUARY, 2012
PER COURT :
1. This is an application for regular bail.
2. Perused the charge-sheet and documents accompanied thereto.
3.Initially, F.I.R. was registered for the offence
punishable under Section 307 r/w Sec. 34 of the I.P.C.
4.The case is rests on dying declaration. It is
alleged that the accused persons have poured kerosene on the
person of victim-Makhmalbai and set her on fire.
2 CriApln461/12
5.Presence of the accused at the place of offence has
been supported by the statements of witnesses. The collective
effect of statements of witnesses prima facie suggests
involvement of the accused in the commission of offence.
6.In this background, this is not a fit case for grant
of bail. In view of above, this application is rejected.
SRM/21/2/12
1 issue framed by the court
Whether bail ought to be granted in a case involving attempt to murder resting on a dying declaration where the presence of the accused is supported by witness statements.
1 provisions across 1 enactments
Bhagya @ Bhaginath s/o Indrya @ Indrabhan Bhosale
The State of Maharashtra
A. H. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court