Dismissed

Deepak S/O Kuldeep Kambale v. the State of Mah. Thr. Pso, Ps Dhad

Bombay HC27 Mar 2012BA/158/2012

Case brief

AI extract

What is this about?

In this criminal application for bail under Sections 307 and 109 IPC read with Section 34, the Nagpur High Court Bench, relying on serious nature of charges and potential for interference, rejected the applicant\'s plea for bail in a stabbing case resulting in death.

What did the court decide?

Bail application rejected. Application filled, order made dismissing it.

Deepak S/O Kuldeep Kambale Vs the State of Mah… — Murder and Culpable Homicide | Bombay HC (2012)

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BA158.2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Application (BA) No. 158 of 2012

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Deepak Kuldeep Kamble

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vs.

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State of Maharashtra through P.S.O. P.S. Dhad, Distt. Buldhana

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Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions and Registrar’s orders.

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Court’s or Judge’s orders

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CORAM : A.P. BHANGALE, J . DATED : 27.3.2012.

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Heard Mr. S. V. Sirpurkar, learned Advocate for the Applicant and Ms Rashi Deshpande, learned APP for the respondent-State.

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The applicant is seeking grant of bail in connection with Crime No. 30 of 2011, dated 30/05/2011, registered with the Police Station Dhad, District Buldhana, for the offence punishable under Sections 307, 109 read with Section 34 of the Indian Penal Code.

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The case of the prosecution is that the present applicant and deceased – Kum. Parvin were neighbours. The present applicant used to induce the deceased to marry with him, he also instigated to be run away from home. The deceased narrated the incident to her mother-complainant. The

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BA158.2012

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complainant had asked mother of the present applicant to give an understanding to the present applicant, but mother of the applicant, on the other hand, told mother of the deceased that the applicant is young boy and let him do what he wants. On 29/05/2011, when the deceased and her sisters were returning from the well after fetching water, the present applicant intercepted the deceased near the field and asked her as to why she is not listening him and stabbed in her abdomen and chest by means of knife and ran away from the spot. The deceased was taken to the Government Hospital in Aurangabad for treatment but she died while undergoing treatment on 31/05/2011.

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Learned Advocate for the applicant submitted that the applicant is totally innocent and has not committed any crime as alleged against him. He submitted that the applicant has been falsely implicated in the present crime. He also submitted that there was love-affair between the deceased and the present applicant and present applicant may have stabbed deceased due to frustration. He further submitted that the bail is a rule and jail is an exception, and considering the age of the applicant, he may be granted benefit of bail imposing stringent conditions.

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Learned APP strongly objected grant of bail on the ground that the applicant had mercilessly stabbed the deceasedParvin and, therefore, the bail application be rejected

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BA158.2012

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considering the sufficient material against the present applicant. She has further submitted that the Post-Mortem Report reveals the cause of death as 'shock and haemorrhage due to stab injury to vital organs'.

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Considering the nature of material against the applicant, prima facie it appears that the accusations are very serious. If the applicant is released on bail, there is every possibility that he may tamper with the evidence or harm himself. In view of the material collected by the Investigating Agency as also probability of long sentence of imprisonment in such cases, I am not inclined to grant of bail to the present applicant. The application is rejected.

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The learned trial Judge concerned shall endeavour to dispose of the sessions case as expeditiously as possible.

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JUDGE

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Punde

Deepak S/O Kuldeep Kambale v. the State of Mah. Thr. Pso, Ps Dhad

Case brief

What is this about?

What did the court decide?

Deepak S/O Kuldeep Kambale v. the State of Mah. Thr. Pso, Ps Dhad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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