In an oral order, the High Court of Judicature at Bombay, Bench at Aurangabad, rejected the applicant's bail application in a criminal case involving death by assault, holding it not fit to grant bail due to tampering risks.
Application for bail stands rejected.
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.
criapln3077-13.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3077/2013
Balasaheb Sambhaji Chavan V/s
The State of Maharashtra
Shri S.A.Ambad,Adv.for applicant. Shri D.V.Tele,APP,for State.
CORAM :T.V.NALAWADE,J. DATE : 24TH JULY, 2013.
ORAL ORDER :
The application is filed for bail. Both sides are heard.
2] This Court has gone through copy of FIR and copies of statements of eye witnesses. This Court has also gone through post mortem report. The incident took place in the night between 12/1/13 and 13/1/13. Deceased was father of the complainant. The incident took place in his village near mess of Rameshwar Ghadge. There are allegations against present applicant and one Khandu Shinde that they were demanding money from Fulchand as they wanted money for taking liquor. Fulchand refused to give money so they picked up quarrel with Fulchand. When they were about to assault Fulchand, he raised hue and cry. Son of Fulchand reached there and he intervened to rescue his father.
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The deceased also intervened in the incident. Then present applicant and Khandu turned towards the deceased and they started demanding money from him. They picked up quarrel with him by saying that he had unnecessarily intervened in the matter. Allegations are made that present applicant and Khandu then assaulted deceased on his head, neck and back by using sticks. There are allegations that applicant and his associates assaulted the deceased by fists, blows and kicks. The incident was eye witnessed by more than 3 eye witnesses. Post mortem report shows that as may as 5 injuries were found on the dead body which were contusions caused by sticks. The injuries on the head had caused fracture of 3 bones of skull and there was sub-dural hematoma over both frontal temporal parietal lobes of brain. There was also diffuse subarachnoid hemorrhage in frontal temporal parietal region. The death took place due to head injury.
3] The learned counsel for the applicant submitted that there is no specific allegation that the applicant caused head injury. This submission cannot be accepted at this stage. Column no.17 of post mortem report shows that there was sutured wound. There were 3 fracture wounds of which description is given in column no. 19. In view of these circumstances, the aforesaid defence cannot be considered at this stage.
4] The material collected by police shows that the applicant and his associates were ready to go to any extent if they are not given
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money by others for drinking liquor. Thus there is possibility of tampering of the witnesses by the hands of the applicant, this Court holds that it is not fit case to grant bail. So application stands rejected.
[T.V.NALAWADE,J.]
umg/
2 issues framed by the court
Whether bail should be granted to the applicant considering the possibility of witness tampering.
Whether the specific allegation of causing head injury can be considered at this stage.
Balasaheb Sambhaji Chavan
The State of Maharashtra
T.V.Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
