Single-judge criminal appellate court allowed a bail application filed by a convicted person accused of assaulting another man, resulting in death, ruling that he be released on bail pending trial.
Applicant released on bail with one surety of Rs.50,000 each, reporting to police on specified dates until case disposal.
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.
903-BA-553-2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.553 OF 2013
RAMCHANDRA AMBADAS AWAGHADE )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA
)...RESPONDENT
Mr.Jaydeep D. Mane Advocate for the Applicant.
Mrs.S.D.Shinde APP for the State.
CORAM: ABHAY M. THIPSAY, J. DATE : 11th JULY, 2013.
P.C. :
1 Heard Mr.Jaydeep Mane, the learned counsel for the applicant, and Mrs.S.D.Shinde, the learned APP for the State. I have gone through the bail application and the annexures thereto.
2 The case of the investigating agency is that the applicant suspected that the deceased – Vithal – had illicit relationship with the applicant’s wife. He, therefore, assaulted Vithal by a wooden log, allegedly by giving 4 – 5 blows therewith on the head of Vithal. This happened on 2.10.2012. Some persons – Bhagwat Awghade, Vishnu Awghade intervened and prevented the applicant from assaulting further. Vithal was taken to government hospital at Karmala, where he was admitted. He had lost consciousness. No First Information Report (FIR), however, was lodged
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with the police by any of the persons, who claim to have witnessed the assault and who claim to have taken Vithal to hospital. It is on 5.10.2012, that Vasant Asware – a relative of Vithal – who stays at Pune, on learning about the assault, lodged a report at Karmala Police Station, which was treated as FIR. The statements of the persons who claim to be the eye witnesses, came to be recorded on 6.10.2012.
3 In the course of investigation, the wooden log is said to have been recovered from the house of the applicant. However, the panchnama in respect of the seizure thereof does not show that it had any stains of blood. The wooden log is a normal log which is used for tying the cattle.
4 I have seen the medical evidence regarding the injuries sustained by Vithal. The injuries on the head are medically opined to be simple. Vithal died on 20.10.2012. In the postmortem examination no opinion about the cause of death could be given. The opinion has been reserved pending the chemical analysis of viscera and histopathological examination.
5 There are no antecedents.
6 Considering all the relevant aspects of the matter, and keeping in mind that the applicant is in custody since 7.10.2012, and that the trial has not yet commenced, I think it fit to release him on bail.
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7 The application is allowed.
8 The applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in the like amount, on the condition to report to Karmala Police Station, on the First and Third Sunday, between 5.00 p.m. to 7.00 p.m., of each calendar month, till the disposal of the case against him.
(ABHAY M. THIPSAY, J.)
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the lack of an FIR and simple injuries at the time of the application.
RAMCHANDRA AMBADAS AWAGHADE
THE STATE OF MAHARASHTRA
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
