Criminal bail application rejected by the single judge. The court dismissed the applicant's argumentthat the delay in the victim's death negated the prima facie case established by the FIR and recovery of incriminating articles.
The bail application is 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.
10-BA-973-2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.973 OF 2013
MAHALAPPA SHANKAR POOJARI )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Narendra Dubey i/b. Mr.C.K.Tripathi Advocate for the Applicant. Mrs.G.P.Mulekar APP for the State.
CORAM: ABHAY M. THIPSAY, J. DATE : 29th JULY, 2013.
P.C. :
1 Heard Mr.Narendra Dubey, the learned counsel for the applicant. A copy of the charge-sheet is tendered by him and the same is taken on record.
2 The applicant has been named as one of the assailants in the First Information Report (FIR) and by an eye witness. The applicant is alleged to have assaulted the deceased with an axe . The axe and blood stained clothes are alleged to have been recovered at his instance, in the course of investigation.
3 There exists a prima facie case of a serious offence against the applicant.
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10-BA-973-2013
4 The only contention that is advanced is that the allegation against the applicant is false, and this is sought to be contended on the ground that had the applicant indeed assaulted by an axe , the victim would not have died after a gap of about twenty days. There is no substance in this contention.
5 The application is rejected.
(ABHAY M. THIPSAY, J.)
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2 issues framed by the court
Whether the bail application warrants grant of relief.
Validity of the contention that the false nature of the charge is due to the delay in death of the victim.
MAHALAPPA SHANKAR POOJARI
THE STATE OF MAHARASHTRA
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
