In this criminal bail application, the Bombay High Court rejected the request for enlargement on bail. The court found prima facie material including recovery of a weapon and serious injury to the complainant, deeming it not a fit case for release under Sections 307, 504, and 506 IPC.
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.
ba.307.18.26.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 307 OF 2018
Mohin Mohemad Babadin Shaikh ...Applicant Versus The State of Maharashtra ...Respondent
Ms. Saili N. Dhuru h/f Mr. Kuldeep S. Patil for the Applicant
Mr. M. G. Patil, A.P.P for the Respondent-State
Police Naik Mr. H. S. Chaudhari from Palghar Police Station, is present
CORAM : REVATI MOHITE DERE, J. THURSDAY, 12th APRIL, 2018
P.C. :
in connection with C.R. No. I-142 OF 2017 registered with the Palghar
Police Station, for the alleged offences punishable under Sections 307, 504, 506 of the Indian Penal Code.
complainant/injured-Avinash Bhore. According to the complainant/injured, the incident took place on 7th August, 2017 at about 10:30 p.m. It is alleged
1/3
SQ Pathan
ba.307.18.26.doc
that the applicant asked the complainant for money for alcohol and when the complainant refused, the applicant abused and threatened him. It is further alleged that when the complainant asked him why he was abusing, the applicant got enraged, pulled out a folding knife and assaulted the complainant on his abdomen and caused him grievous injury. The medical certificate which is on page 68 shows the nature of injuries sustained by complainant/injured i.e. stab wound. The said injury i.e. stab wound 1 cm x 1 cm x 3 cm over left paraumbilical region, is stated to be a grievous injury. There is recovery of knife at the instance of the applicant. The possibility of the applicant threatening or intimidating the complainant/injured cannot be ruled out.
is not a fit case to enlarge the applicant on bail. The application is accordingly rejected.
does not conclude within one year from the receipt of this order, the applicant is at liberty to renew his request for bail.
2/3
SQ Pathan
ba.307.18.26.doc
REVATI MOHITE DERE, J.
3/3
SQ Pathan
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail in cases of alleged arson and criminal intimidation.
Whether the prima facie material against the applicant makes bail inappropriate.
1 provisions across 1 enactments
Mohin Mohemad Babadin Shaikh
State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
