The High Court at Aurangabad rejected the bail application of a life convict, Jivan Chalase, who was sentenced to life imprisonment for murder under Section 302 IPC in Sessions Case No.118 of 2010. The court found unconvincing submissions for bail given the nature of the offence.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.622 OF 2012 IN
CRIMINAL APPEAL NO.19 OF 2012
Jivan alias Devendra Natthu Chalase (Kasar),
Age-33 years, Occu:Convict No.C-8894,
R/o-Lakkadpeth Faizpur,
Tq-Yawal, Dist-Jalgaon.
...APPLICANT.
VERSUS
The State of Maharashtra,
Through Police Station Officer,
Sindkheda Police Station,
Tq-Sindkheda, Dist-Dhule.
...RESPONDENT.
...
Smt. Bharati B. Gunjal Advocate for the
Applicant (appointed).
Shri.S.D. Kaldate, A.P.P. for Respondent.
...
CORAM: NARESH H. PATIL AND
T.V. NALAWADE, JJ.
DATE : 14TH MARCH, 2012.
PER COURT :
1.Heard learned counsel for the parties.
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2.The Applicant is convicted for an offence
punishable under Section 302 of the Indian Penal
Code and sentenced to undergo rigorous
imprisonment for life, in Sessions Case No.118 of
2010, by the Additional Sessions Judge, Dhule, by
Judgment and Order dated 8th December, 2011.
3.The prosecution case is that on 5th
April, 2010 at about 2.00 p.m., the prosecution
witness Nilesh Kasar was present in his utensil
shop by name "Laxmi Metals". At that time deceased
Amol Deepak Kolapkar was also present in the shop
near the cash counter. At that time, Applicant
came there on his motorcycle. The Applicant parked
the motorcycle outside the shop and entered in the
shop of Nilesh Kumar. The Applicant enquired with
the deceased about his alleged relations with
wife of the Applicant. The Applicant thereafter
went back to the motorcycle, took out knife, which
was kept in dickey, came back and assaulted the
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deceased on chest. Deceased suffered bleeding
injuries and fell down. He was taken to the
hospital, Doctor declared him dead.
4.The defence of the Applicant/accused, is
of total denial. Prosecution has led evidence.
There are witnesses who had seen the Applicant at
the scene of offence, along with the knife. The
Applicant was trying to run away, he was
apprehended and caught. Knife was recovered from
the Applicant. The Medical Officer, who conducted
the post-mortem, had opined the cause of death as
"due to haemorrhagic shock due to rupture of heart
due to stab injuries." The Applicant has assaulted
with dangerous weapon on the vital parts of the
body of the deceased. He was in jail since his
arrest i.e. 5th April 2010, till the date of
pronouncement of Judgment by the trial Court.
5.The learned A.P.P. appearing on behalf of
the Respondent State, opposed the bail
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Application.
6.From the evidence on record and the
findings reached by the trial Court, we are not
convinced to release the Applicant on bail. The
Application is rejected.
7.The Record and Proceedings be sent back
forthwith.
8.The counsel was appointed for the
Applicant. The Secretary, High Court Legal
Services Sub Committee, Aurangabad to pay
professional fees to the counsel appointed, as per
rules.
[T.V. NALAWADE,J.] [NARESH H. PATIL,J.]
asb/MAR12
2 issues framed by the court
Whether the applicant, a life convict in a murder case, should be released on bail.
Whether the learned Additional Sessions Judge's findings warrant granting bail.
1 provisions across 1 enactments
Jivan alias Devendra Natthu Chalase (Kasar)
The State of Maharashtra
NARESH H. PATIL
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court