Allowed bail application of Dhanesh Madhukar Patil alleged to have committed murder negligently during a quarrel with deceased. Court noted lack of motive and no antecedents.
Order to release applicant on bail in sum of Rs. 50,000/- with one surety in like amount.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 289 OF 2014
Dhanesh Madhukar Patil (At present in Thane Jail)
… Applicant.
V/s.
The State of Maharashtra … Respondent.
Mr. Manoj Mohite a/with Sandesh Patil and Ajay Patil for the Applicant.
Mr. Y. S. Shinde, APP for the State.
CORAM : A. M. THIPSAY, J. DATE : 13 JUNE, 2014
P.C. :
1 Heard the learned counsel for the Applicant and the learned APP for the State. With their assistance, I have gone through the bail Application and the annexures thereto.
2 The Applicant is alleged to have committed murder of one Mangesh Kashinath Pawar. The case of the prosecution / investigating agency is that the Applicant and said Mangesh Pawar were friends, but since said Mangesh Pawar had abused the Applicant, some quarrel took place between them and the Applicant in a fit of anger threw a stone towards Mangesh Pawar which hit him on his head, causing a serious injury to which Magnesh Pawar succumbed to death immediately. Undoubtedly, the first informant
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speaks about an oral dying declaration made by Mangesh Pawar, while he was being taken to the Hospital by her and Smt. Kamal, the sister of Mangesh Pawar. The learned counsel for the Applicant submitted that this version is doubtful inasmuch as other statements recorded in the course of investigation indicate that Mangesh Pawar had lost consciousness after the incident and did not recover at any time.
3 Without going deeper in to this aspect, it must be observed that the prosecution case itself is that on being provoked by the conduct of the deceased – Mangesh Pawar, the Applicant threw a stone towards him, which caused the fatal injury to the deceased. Apparently, the deceased and the Applicant were friends and there was no motive on the part of the Applicant to kill the deceased.
4 The Applicant is in the custody since 15 August, 2013. The trial has not yet commenced. There are no antecedents. Considering all the relevant aspects of matter, I think it fit to grant an opportunity to the Applicant to avail of liberty.
6 The Applicant is ordered to be released on bail in the sum of Rs. 50,000/- with one surety in the like amount.
(A.M.THIPSAY, J.)
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1 issue framed by the court
Whether the applicant is entitled to grant of bail in a murder case where the injury was caused while quarrelling with the deceased without any premeditated motive.
Dhanesh Madhukar Patil
The State of Maharashtra
A. M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
