The High Court of Judicature at Bombay rejected a bail application filed by an accused facing murder charges under Section 302 IPC. The court found a prima facie motive and cited conduct indicating an attempt to abscond, declining to grant bail.
The bail application stands rejected; the accused is not granted bail.
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.
15-ba-581-2015.doc
Vishal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.581 OF 2015
Navnath Bhimrao Shinde ... Applicant vs. The State of Maharashtra ... Respondent
Mr. Kedar Patil, for the Applicant. Mr. Arfan Sait, APP for Respondent – State.
CORAM: MRS.MRIDULA BHATKAR, J. DATE: JULY 07, 2015
P.C.:
. The application is moved for bail. The applicant/accused
is facing charges for the offences punishable under Section 302 read with 34 of the Indian Penal Code in C.R. No. 194 of 2014 registered with Indapur police station, Baramati.
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15-ba-581-2015.doc
used to defame the wife of the applicant/accused. The deceased wanted that, the wife of the applicant/accused to marry her son, as she was disappointed. She used to abuse and defame the family of the applicant/accused. It is the case of the prosecution that, on the night of 9th and 10th June, 2014, the mother of the complainant (deceased Shalan) was sleeping outside the house. In the morning, she was found dead. She was assaulted by a big stone which was found next to the deceased. The deceased was bleeding profoundly. She died on the spot. Thereafter, the incident was reported to the police on 10th June, 2014. The offence was registered against the unknown person. The applicant/ accused was arrested one month after the incident i.e. 13th July, 2014. Hence, this application.
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two children and it is impossible to accept that she was assaulted with the stone when her two children were sleeping beside her and they did not awake.
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persons are recorded however, the statements of wife and mother of the applicant are not recorded under Section 164 of Code of Criminal Procedure. It appears that this submission made by the learned counsel for the applicant/accused is correct. However, the statements of wife and mother discloses the extra judicial confession given by the applicant/accused about the commission of the crime. The submission of the learned prosecutor on the point of conduct of the accused and the motive are also taken into account. Considering all these circumstances, I am not inclined to grant bail to the applicant.
6. The bail application stands rejected.
witnesses. Hence, the trial Court to endeavor to complete the trial within one year from the receipt of the order.
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2 issues framed by the court
Whether the applicant is entitled to bail in a bail application under Section 302 IPC involving domestic dispute and strong motive.
Whether the conduct and extra-judicial confession disclosed sufficient motive and likelihood of tampering to deny bail.
1 provisions across 1 enactments
Navnath Bhimrao Shinde
The State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
