In a bail application, the High Court of Judicature at Bombay rejected the plea citing severe life-threatening injuries to the victim, recovery of a sickle, and the applicant's subsequent boasting of intent to commit murder.
Application for release on bail rejected and disposed of.
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
CRIMINAL BAIL APPLICATION NO.1892 OF 2019
Deepak @ Panda Rohidas Ghanwat ] … Applicant
Versus
The State of Maharashtra ] … Respondent
Mr. Satyavrat Joshi i/b Mr. Nitesh J. Mohite, Advocate for the Applicant.
Ms. S.S. Kaushik, APP for the State/Respondent.
CORAM :- SARANG V. KOTWAL, J. DATE :- 25th SEPTEMBER, 2019.
P. C. :-
u/sec. 307, 452, 323, 504, 506 r/w 34 of I.P.C. and u/sec. 4 r/w 25 of
the Indian Arms Act.
in custody. The investigation is over and the charge-sheet is filed.
Purti Parab
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FIR is lodged by Sandeep’s friend Akash Shelke on 24/04/2018. He has stated that, on 23/04/2018 at around 8.00 p.m. accused Rajesh Kamble and Vitthal Pikale came in front of Sandhar Company Gate. The informant and Sandeep were present there. They approached Sandeep and the informant. They questioned Sandeep as to why he was not parking his tempo inside Sandhar Company and Link Corporation company, Varale. When Sandeep did not assure them of such parking, they started assaulting him with fists. Sandeep fell down. At the same time, the applicant and one Mayur Mandale came there on motorcycle. They were carrying sickles. Both of them assaulted Sandeep on his head, face and chest. The informant tried to save him. But the applicant and Mayur Mandale threatened him with their weapons. After that all of them went away. Sandeep had fallen down and had become unconscious. The informant with the help of others took him to Birla Hospital, Chinchwad, Pune. On this basis the FIR is lodged.
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confronted him and thereafter the applicant and Mayur Mandale came there with sickles. He has further stated that, Mayur Mandale assaulted him on his head with sickle and then he assaulted him with the same weapon on his head, face and chest. Subsequently, the first informant Akash Shelke took him to hospital. Apart from that, he stated that the applicant and Mayur Mandale threatened the first informant and therefore he could not immediately save the victim.
Purti Parab
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present there. The crowd from locality gathered there and the applicant could escape from there. Rajesh Kamble was caught at the spot. Thus intention of the applicant is very clear from his conduct. At this stage, the statement of the informant as well as that of the victim show that the informant had ascribed a specific role to this applicant. The injuries are serious and the intention to commit murder was also clear. In this view of the matter, taking over all view of the matter, no case for bail is made out. Hence, the following order.
ORDER
Application is rejected and stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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Purti Parab
2 issues framed by the court
Whether the applicant is entitled to release on bail considering the serious nature of injuries and intention to commit murder.
Whether the conjoint evidence of the victim and informant establishes the applicant's role in the assault.
2 provisions across 2 enactments
Deepak @ Panda Rohidas Ghanwat
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
