Dismissed

Vilas Ramjya @ Ramjan Bhosle v. the State of Maharashtra

Bombay HC17 Apr 2012BA/453/2012

Case brief

AI extract

What is this about?

In this bail application, the High Court rejected the applicant's request for release on bail in a serious assault case involving Section 326 IPC, citing his role as a major assailant, absconding for four years, and prior criminal custody.

What did the court decide?

Bail application rejected; liberty granted to apply afresh for bail within six months if trial not concluded.

Vilas Ramjya @ Ramjan Bhosle Vs the State of Maharashtra — Bail and Remand | Bombay HC (2012)

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BA-453-2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.453 OF 2012

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VILAS RAMJYA @ RAMJAN BHOSLE )...APPLICANT

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V/S.

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THE STATE OF MAHARASHTRA )...RESPONDENT

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Mr.K.V.Mandlik Advocate for the Applicant.

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Mr.J.P.Kharge APP for the State.

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CORAM: A.M.THIPSAY DATE : 17^th APRIL, 2012.

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P.C. :

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Heard.

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2 The applicant has been named as one of the assailants by the injured in his statement. The injured had also disclosed the name of the applicant to his brother, who lodged the First Information Report (FIR). The major role in the assault has been attributed to the present applicant only.

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3 The applicant was absconding ever since the registration of the offence i.e. since the year 2007 and was arrested only on 24.6.2011, while he was in custody, in connection with some other case.

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avk 1/3

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BA-453-2012

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4 Mr.Mandlik, the learned advocate for the applicant submits that the injured actually did not die on account of the assault. He submits that he died four months after the incident on account of bed sores on his buttocks. He also submitted that all the accused have been released on bail.

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5 The case of the applicant does not seem to be on par with that of the other accused, who are reportedly released on bail. In the first place, the applicant has played a major role in the incident. The assault was by a gupti and on the neck of the deceased. A case in respect of an offence punishable under Section 326 of Indian Penal Code (IPC) was initially registered and the offence punishable under Section 326 of IPC is also punishable with imprisonment for life.

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Secondly, the most significant aspect of the matter is that the applicant was absconding for a period of atleast four years. This factor should weigh with the court in not exercising the discretion in favour of the applicant.

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Thirdly, since the applicant was apparently in custody in some other case, it cannot be doubted that he has criminal history apart from the present incident.

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6 Under these circumstances, I am not inclined to release the applicant on bail.

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7 The application is rejected.

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avk 2/3

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BA-453-2012

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8 However, liberty is granted to the applicant to apply afresh for bail, should the trial be not over, within a period of six months from today.

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(A.M.THIPSAY, J.)

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avk 3/3

Vilas Ramjya @ Ramjan Bhosle v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vilas Ramjya @ Ramjan Bhosle v. the State of Maharashtra

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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