Allowed bail application. The court held that since injuries were not on vital parts and serious injury was not established, no further purpose was served by detention. Bail granted with security bond and sureties.
Applicant directed to be released on bail on executing P.R. Bond of Rs. 25,000 with one or two sureties in like amount.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1507 OF 2019
Udhalsingh Rajusingh Dudhani
.... Applicant
versus
The State of Maharashtra
.... Respondent
CORAM : SARANG V. KOTWAL, J. DATE : 21st AUGUST, 2019
P.C. :
Mamta Kale
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working as a Security Advisor with a builder. On that day, at about 10.30 a.m. he attended a meeting at Ramtekdi in Prathama Building. At around 12.15 p.m. he was walking at the site with Ramnath Vaidya, Project Manager Manoj Kadam and Siddhu Patil. Suddenly, 3 to 4 persons came running towards him. The present applicant was carrying sword and others were carrying iron rods and sticks. The applicant confronted him asking as to why he had lodged a case for extortion against him. Before the informant could reply, the applicant tried to give blow with a sword on his head. The informant warded off that blow with his hand due to which he suffered injury to his left palm. The other assailants Malke Singh and Aniket Gaikwad assaulted him with iron rod and stick on his right leg. Thereafter, they left the spot. The informant was taken to the hospital. Thereafter, he lodged his FIR. The investigation was carried out. The applicant was arrested on 28/12/2017 and since then, he is in custody. The investigation is over and chargesheet is filed. The chargesheet contains statements of other eye witnesses who were present when the incident occurred. Those eye witnesses are Ramnath Vaidya, Project
Mamta Kale
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Manager Manoj Kadam and Siddhu Patil. All of them have narrated the same story as narrated in the FIR.
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other statements show that those injuries were caused by other accused. Hence, there is considerable force in the submission of Ld. Counsel Shri. Nikam that offence under Section 307 of IPC is not made out at this stage. Undoubtedly, the informant had suffered fracture at two places. However, there is no serious injury on any vital part of the body. Considering the fact that the applicant is in custody since 28/12/2017, no further purpose will be served by detaining him till conclusion of the trial. In this view of the matter, I am inclined to grant bail to the applicant. Hence, the following order.
ORDER
(i) The applicant is directed to be released on bail in connection with C.R. No.591/2017 registered with Wanawadi Police Station, District Pune, on his executing P.R. Bond in the sum of Rs.25,000/(Rs.Twenty Five Thousand Only) with one or two sureties in the like amount.
(ii) The application is disposed of.
(SARANG V. KOTWAL, J.)
Mamta Kale
3 issues framed by the court
Whether the applicant is entitled to release on bail given that injuries were not on vital parts of the body and serious injury is not established.
Whether further detention of the applicant is necessary till the conclusion of the trial.
Whether the offence under Section 307 IPC is made out at this stage based on the injury certificate.
3 provisions across 3 enactments
Udhalsingh Rajusingh Dudhani
The State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
