This single-judge order grants bail to the applicant charged under Section 307 IPC for alleged assault causing injury. The court allowed the application noting the injury is prima facie in nature and will be considered during trial.
Application allowed; applicant enlarged on bail on furnishing P.R. Bond of Rs.25,000 and sureties.
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.
20- BA 1298 of 2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION No. 1298 OF 2018
Aakib Asif Diwade ...Applicant
Vs.
The State of Maharashtra
...Respondent
******
Mr. Harihar Bhave a/w. Harshvardhan G. Khambete i/b. Bhave & Co. Mr. Prashant Jadhav -APP
CORAM : SMT. SADHANA S. JADHAV, J. DATE: JULY 4, 2018
P.C.
Procedure Code.
punishable under section 307 of the Indian Penal Code.
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V.A. Tikam
Abdul Latif Patel lodged a report at the police station alleging therein that the family is indulging into supply of bricks and his younger brother is also engaged in the same business. That he has friends viz. Arfat and Aakib – i.e. the present Applicant. They mostly go for dinner outside. On 20th November, 2017, in the evening, the Applicant had called upon Umarmiya Patel and invited him for dinner. He had gone for dinner in a Wagon R Car of the Applicant. Thereafter, they had received a phone call of one of the close acquaintance that the present Applicant had assaulted the brother of the complainant viz. Umarmiya Patel on the mid-line of his neck by sharp weapon viz. razor blade. The injured was initially taken to the Al-Shifa Hospital and, thereafter, he was taken to civil hospital at Panvel.
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V.A. Tikam
Applicant deserves to be enlarged on bail. The observations are prima facie in
nature and shall not be considered for discharge application or at the time of trial. Hence, the following order:
ORDER
Bail Application stands disposed of in the aforesaid terms.
[SMT. SADHANA S. JADHAV, J.]
Digitally signed by Vaishali Vaishali Anil Tikam Anil Tikam Date: 2018.07.1215:32:46 +0530
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V.A. Tikam
2 issues framed by the court
Whether the applicant deserves to be enlarged on bail in an offence punishable under Section 307 IPC.
Whether the observations of the injury certificate being prima facie in nature preclude reconsideration at the time of trial.
2 provisions across 2 enactments
Aakib Asif Diwade
The State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
