Partly allowed

Tanaji Nagnath Shelke v. the State of Maharashtra

Bombay HC15 Jul 2015BA/523/2015

Case brief

AI extract

What is this about?

In a bail application involving a fatal assault, the High Court denied immediate bail in a murder case but directed the trial to be completed by a specific date, granting future bail if the trial failed to conclude by then.

What did the court decide?

Bail refused at this stage; trial directed to be completed by December 31, 2015; liberty granted to file fresh bail application if trial not completed by said date.

Tanaji Nagnath Shelke Vs the State of Maharashtra — Bail and Remand | Bombay HC (2015)

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909.BA523_2015.doc

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Vidya Amin

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 523 OF 2015

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Tanaji Nagnath Shelke ... Applicant Vs. The State of Maharashtra ... Respondent

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Mr. Ritesh Thobde, Advocate for the applicant. Ms. Veera Shinde, APP for the State. Mr. Vijay B. Deshpande, PC/1662, Mohol Police Station, District Solapur present.

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CORAM: MRS.MRIDULA BHATKAR, J.

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DATE : JULY 15, 2015

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P.C.:

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This Application is moved for bail. The incident of assault has taken

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place on 5^th August, 2013 due to dispute between the family members of the applicant/accused and the complainant on ploughing the land. At that time, applicant/accused answered rudely and therefore, there were verbal altercations and free fight between the members of two families. Tanaji stabbed Maruti Shelke with knife in his chest. Maruti was shifted to hospital but he succumbed to injuries. Thereafter the offence was registered by the police at C.R. No. 177 of 2013 by Mohol Police Station, District Solapur under section 302, 324, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and under section 135 of the Bombay Police Act. The applicant was taken in custody on the same day i.e. 5^th August, 2013. Hence, this Bail Application.

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The learned counsel for the applicant/accused has submitted that FIR was registered on the same day, i.e., 5^th August, 2013 against the

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909.BA523_2015.doc

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complainant and his family members at the instance of Anita Shelke at C.R. No. 182 of 2013 by Mohol Police Station under section 325, 452, 147, 148, 149, 504, 506 of the Indian Penal Code. He submitted that it is a case of single blow and therefore, it cannot be under section 302 of the Indian Penal Code. The learned counsel further submitted that all the witnesses are interested witnesses and Anita Shelke was also injured in free fight and suffered grievous injuries of two fractures to her hand.

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Learned APP opposed the Application. She relied on the statement of witnesses and postmortem report.

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Perused the FIR, statement of the witnesses and the postmortem report. The cause of death is stab injury to the chest and also multiple injuries. Abrasions and lacerations were found on the body of the deceased. Other injured persons and informant are the eyewitnesses to the incident of assault. Though there is a cross complaint and Anita, one of the family member, has suffered fractures, this is not a case in which bail can be granted at this stage. However, the applicant/accused is in prison since 5^th August, 2013, therefore, the learned Sessions Judge to endeavour to complete the trial till 31^st December, 2015. If the trial is not completed till 31^st December, 2015, liberty is granted to the applicant/accused to file fresh Application for bail.

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(MRS.MRIDULA BHATKAR, J.)

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Tanaji Nagnath Shelke v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Tanaji Nagnath Shelke v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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