This court rejected an application for bail. The court held that although the applicant carried a sword, the death was caused by iron rods used by other accused. However, no distinction was made, and no case was made out for release.
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.
11-appa-717.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 717 OF 2019 IN CRIMINAL APPEAL NO. 1408 OF 2018
Gajanan Pralhad Kakade
Versus
State of Maharashtra
… Respondent
Mr. Ateet Shirodkar for the applicant.
Mr.H.J. Dedhia, APP for the respondent State.
CORAM : B.P. DHARMADHIKARI & SMT.SWAPNA JOSHI, JJ. DATE : JUNE 21, 2019
P.C. :
Matter is heard in the backdrop of order dated 07/06/2019. Today it is not in dispute that the name of the applicant appears in supplementary FIR and statement under section 161.
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11-appa-717.2019.odt
persons. To show that the applicant/accused never intended to cause any serious injury, our attention is invited to deposition of PW 1 and it is submitted that though he was holding a sword, he did not use it and he attacked the alleged female members with fist and blows. In the process he also lost possession of that sword. Learned APP submits that at this stage, distinction between the intention of accused no.1 to 3 on one hand and accused no. 4 on the other hand cannot be made. All attacked together. Deceased was made to fall down and after he fell down, accused nos. 1 to 3 gave blows of iron rod on his chest. The present applicant used sword which caused multiple injuries to the fingers of the deceased.
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to make distinction at this stage in the case of other accused persons and the applicant. The fact that he did not attack the female members with sword also cannot be said to be decisive here.
(SMT.SWAPNA JOSHI, J.)
(B.P. DHARMADHIKARI, J.)
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1 issue framed by the court
Whether the applicant is entitled to bail despite the death of the deceased during the course of the incident.
Gajanan Pralhad Kakade
State of Maharashtra
B.P. Dharmadhari
Swapna Joshi
As recorded by the court registry
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