Allowed

Suresh Navnath Vasekar v. the State of Maharashtra

Bombay HC17 Apr 2012BA/526/2012

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Criminal Appellate Jurisdiction, considered a bail application. The court reviewed facts where the father of the applicant was allegedly assaulted and died, noting initial conflicting accounts. It found prima facie no intention for murder and granted bail.

What did the court decide?

The applicant is ordered to be released on bail in the sum of Rs. 30,000/- with one surety in the like amount.

Suresh Navnath Vasekar Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2012)

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13.ba.526.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO. 526 OF 2012

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Shri Suresh Navnath Vasekar ..Applicant -Versus- The State of Maharashtra ..Respondent

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Mr.Jaydeep D. Mane for the Applicant.

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Ms. V.S. Mhaispurkar, APP for the State-Respondent.

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

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P.C.

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1 Heard.

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2 I have gone through the FIR and the statements recorded during the investigation.

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3 The father of the applicant – Navnath Vasekar – was got admitted in the Civil Hospital, Solapur on 15.09.2011. The history that was given to the doctor at that time was that he was assaulted by four unknown persons by sticks while he was sleeping in his house. The assault was said to have taken place on 12.09.2011 and thereafter, the said Natvnath was treated in the hospital of one Dr.Shingte, till he was got admitted in the Civil Hospital, ms.s.k.talekar 1 / 3

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2 - 13.ba.526.12

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Solapur, as aforesaid. Navnath Vasekar died on 20.9.2011. The notes of the post-mortem examination reveal that the cause of his death was opined to be “blunt trauma to chest and abdomen”. However, the viscera was preserved for chemical analysis.

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4 It was thereafter revealed that, not ‘four unknown persons’, but the present applicant, had assaulted the deceased. There is material in the nature of oral dying declaration made by the deceased to his other sonRajaram - and extra-judicial confession, said to have been made by the applicant. It appears that the deceased was in the habit of drinking. On that day, it appears that the deceased had come home drunk and had abused the applicant. In these circumstances, the applicant appears to have assaulted the deceased with a stick.

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5 Prima-facie, the intention or the knowledge requisite for constituting the offence punishable under Section 302 of the Indian Penal Code cannot be attributed to the applicant. Moreover, the applicant’s brother also was not interested in implicating the applicant and therefore did not disclose the fact of assault by the applicant. This indicates that, that the deceased would die, was not expected, or anticipated, at that time.

ms.s.k.talekar

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13.ba.526.12

6 Considering all the relevant aspects of the matter, I think it fit to release the applicant on bail.

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7 The applicant is ordered to be released on bail in the sum of Rs. 30,000/- (Rupees Thirty thousand only) with one surety in the like amount.

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( A.M. THIPSAY, J. )

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ms.s.k.talekar

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Suresh Navnath Vasekar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Suresh Navnath Vasekar 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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