Defendant applied for bail in a quaternary offence of attempt to murder. The court rejected the plea, holding that an incised wound on the head caused by a recovered sword indicated an attempt to murder, overriding the applicant's medical age and frailty arguments.
Application for bail rejected; applicant remains in custody.
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 CriApln 856/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.856 OF 2012
Shivcharan s/o Kanhaiyyalal Dhandhore
Applicant
V E R S U S
The State of Maharashtra
Respondent
Shri Joydeep Chatterji, Advocate for the applicant
Shri R.P. Phatke, A.P.P. for the respondent/State
Shri N.L. Jadhav, Adv. for assist to APP
CORAM : A. H. JOSHI, J.
DATE : 20TH MARCH, 2012
PER COURT :
1.This is an application for bail after filing the
charge-sheet.
2.Earlier applications for bail filed before filing
the charge-sheet etc. have been rejected.
3.Heard both sides. Perused the documents annexed to
the application.
4.This bail application is vehemently argued on
following point:-
2 CriApln 856/12
[a]Injury caused to the knee is by way of
fracture, and it is not sufficient for attracting
Section 307 of I.P.C.
[b]Section 307 of I.P.C. seems to have been
attracted on account of head injury.
[c]The head injury is of incised wound caused with
sharp and hard weapon, and is attributed to use of
sword.
[d]Possibility of causing head injury is doubtful
in the background that the notes of doctor in
private hospital, described the head injury as CLW,
which does not match with the injury by sword, the
sharp weapon.
[d]The sword was not recovered from the applicant.
It was recovered after two days from other accused.
[e]Applicant is 65 years old, suffers from heart
ailment and is falsely involved in the crime.
3 CriApln 856/12
[f]There is cross-case filed by the applicant, in
which the victim fell down from the Car and has
suffered injury on account of fall on the glass.
5.Perusal of record indicates that the head-injury is
vivid. It’s depth, length and description is recorded in the
observation notes drawn by first doctor with adequate clarity.
It is seen that any room to doubt that the case-papers of the
Govt. hospital may not available.
6.At this stage, it would not be possible to hold that
the record of the Govt. hospital is untrue, or falsified by
the record of the private hospital. Therefore, no weightage
can be given to the notings on discharge card of victim.
7.In this situation, the version of witnesses that
sword was used, the fact of recovery of sword and incised
wound on vital organ i.e. head, are sufficient to prima facie
impel on opinion that this case falls in the description of
offence of attempt to murder.
8.But for use of sword, offence may have been lesser.
This is not a stage to confer any latitude.
4 CriApln 856/12
9.For the above reasons, this application is rejected.
( A. H. JOSHI, J. )
SRM/20/3/12
2 issues framed by the court
Whether the version of incised wound on the head caused by a sword prima facie attracts section 307 of the IPC thus requiring denial of bail.
Whether the applicant's age and medical condition provide sufficient grounds for bail in an attempt to murder case.
1 provisions across 1 enactments
Shivcharan s/o Kanhaiyyalal Dhandhore
The State of Maharashtra
A. H. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court