Single-judge High Court bail order granting release of two appellants in a criminal case involving alleged head injury and death. The court fixed bail and expedited trial issues.
Applicants ordered to be released on bail in sum of Rs. 50,000/- each with one surety, to report monthly; trial to be completed within one year.
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.
907.ba.593.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 593 OF 2012
-Versus-
The State of Maharashtra (Through Mangalwedha Police Station) ..Respondent
Mr.Sandeep S. Salunkhe, Advocate i/b Mr.Jaydeep D.Mane for the Applicant.
Mr.J.P.Kharge, APP for the State-Respondent.
CORAM : A.M. THIPSAY, J. DATE : 8TH MAY 2012.
P.C.
. Heard.
APP has procured a report in respect of the post-mortem examination. He tenders the same in Court and the same is taken on record. The post-mortem examination of the dead body reveals that the death has
been opined to have been caused by head injury. However, viscera has been preserved for chemical analysis. It is clear that no external injuries were noticed on any part of the body of the deceased. There were no
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injuries under the scalp. Apparently, some internal injuries were noticed and the brain matters were found congested and blood and clots were found present over the middle parietal scalp area.
3 I have carefully gone through the FIR and the statements recorded during investigation.
4 It appears that the applicant no.1-Kashinath had given a blow to the deceased by a stick. However, as the first informant went to the spot at that time and raised shouts, Kashinath ran away. Applicant no.2Mayappa then pushed the deceased, as a result of which the deceased fell down. It appears that thereafter he did not get up. He had lost consciousness. He was taken to hospital where he was admitted and apparently he did not recover.
5 Considering the manner in which the incident has taken place, the absence of any external injuries on the dead body and apparently, that it was because of the push given by applicant no.2, that the deceased fell down and subsequently died, what offence the applicants have, primafaice, committed, would need serious consideration.
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907.ba.593.12
6 Without expressing any final opinion on this aspect and in the peculiar facts and circumstances, it will be proper to release the applicants on bail.
7 The application is allowed.
8 The applicants are ordered to be released on bail in the sum of Rs.50,000/- (Rupees Fifty thousand only) each, with one surety in the like amount, on the condition to report to the Mangalwedha Police Station on the first Sunday of each calendar month, till the disposal of the case against them.
9 The trial Court shall expedite the trial and endevour to complete it within a period of one year from today.
( A.M. THIPSAY, J. )
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1 issue framed by the court
Whether to grant bail to the applicants in the current criminal proceedings despite the death of the deceased due to alleged injuries.
Kashinath Dagadu Bandgar
Mayappa Bhagwan Garande
The State of Maharashtra
A.M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
