Bail application rejected for an accused charged with Section 326 IPC for stabbing his wife. The court held that considering the serious injuries sustained by the wife and the safety of the informant, bail is not inclined to be granted at this stage.
Bail application rejected; liberty to move fresh application after nine months.
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.
22.BA1393_2014.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1393 OF 2014
Rajendra Krishnath Ambekar … Applicant vs.
The State of Maharashtra … Respondent
Mr. Ritesh Thobde, Advocate for the applicant. Mr. Shrikant Yadav, APP for the State. Mr. U.R. Agandsurve, Advocate for respondent.
CORAM : MRS. MRIDULA BHATKAR, J. DATE : 3rd September, 2014.
P.C.
This Application is moved for bail, as the applicant/accused is
prosecuted for the offences punishable under sections 326, 323, 504, 506 of the Indian Penal Code. The informant is the wife of the applicant, who was assaulted on 20th March, 2014 by the applicant/accused. The applicant/accused is addicted to liquor. He used to beat her, so she had earlier given complaint against him to Women Cell. Thereafter they started residing together. However, the applicant/accused intermittently used to threaten her that he would finish her. On 20th March, 2014 at 9 p.m. he stabbed on her chest and back with a knife. She fell down and thereafter she was taken to hospital for treatment. She gave report, pursuant to which an offence was registered.
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22.BA1393_2014.doc
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in this matter, safety of the wife is important and therefore, at this stage, I am not inclined to grant bail. Hence, the Application for bail is rejected. However, the applicant/accused is given liberty to move fresh bail application after 9 months.
(MRS.MRIDULA BHATKAR, J.)
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3 issues framed by the court
Whether the applicant is entitled to bail in a case involving grievous hurt to his wife with safety concerns.
Whether the applicant can be released on bail given the nature of injuries and domestic history of violence.
Whether bail should be granted for an accused charged under Section 326 IPC who stabbed his wife.
1 provisions across 1 enactments
Rajendra Krishnath Ambekar
The State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
