The Bombay High Court rejected an anticipatory bail application. Although the injuries were simple and political rivalry existed, the applicant's pending Arms Act case for holding a pistol without a license created a law and order issue, preventing 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.
09-ABA-103-17.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.103 OF 2017
Yogiraj Vishwanath Murhe
.... Applicant
versus
State of Maharashtra ... Respondent
Mr.Ganesh Bhujbal, Advocate for the Applicant. Mr.Deepak Takery, APP for the State/Respondent.
CORAM : MRS.MRIDULA BHATKAR, J. DATE : 03rd FEBRUARY, 2017.
P.C. :
Nesarikar
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conducted election of Village Somatane, Taluka Maval in the year 2015. At that time Pravin Shedge and his friends supported Rakesh Murhe who was elected and Yograj Murhe, the applicant/accused and his group lost election and therefore applicant/accused was having grudge against the complainant and his associates. On 18/08/2016 at around 11.20 p.m. when the complainant and his friend Sachin More were chitchatting near the temple, the applicant/accused alonwith his two associates arrived in one Vento car and started quarreling with the complainant and his friend on the count of Grampanchayat Elections. They started abusing the complainant and they assaulted him with wooden rob. One Rishikesh Chavan and associates of applicant/accused assaulted him with beer bottle on his head. Then the applicant/accused took out his Pistol and fired at the complainant with intention to kill him and they again had fight and as they shouted for help, the applicant/accused and his friends ran away. Thereafter the offence was registered.
Nesarikar
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submitted that the applicant/accused is innocent and he has not committed any offence. There was an incident of quarrel on 18/08/2016, but not as the allegations made by the complainant. The learned counsel further submitted that both the complainant and the applicant/accused are political rivals. A friend of applicant/accused Rishikesh Chavan was assaulted by the complainant on that day. He also broke the window of the car. Rishikesh also lodged complaint against the complainant, which is registered at C.R.No.274/16 on 19/08/2016. The learned counsel further submitted that the applicant/accused is innocent and he be protected.
Nesarikar
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learned prosecutor further submitted that the applicant/accused
as per the instructions is not cooperating police in the investigation. His custody is required in order to law and order.
(MRIDULA BHATKAR, J.)
Nesarikar
3 issues framed by the court
Whether pre-arrest bail should be granted to an accused facing charges of attempt to murder and assault who is also facing a pending Arms Act case for holding a pistol without a license.
Whether the ground of law and order warrants rejection of bail despite the nature of injuries being simple.
Whether the pending criminal case under the Arms Act for holding a pistol without a license is a bar to granting anticipatory bail.
3 provisions across 2 enactments
Yogiraj Vishwanath Murhe
State of Maharashtra
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
