This judgment rejects a bail application filed by an accused with six antecedents in a case involving grievous hurt and attemptedmurder. The court held it is not a fit case for bail owing to antecedents and a pending chapter case.
The bail application was rejected.
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 243-19.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 243 OF 2019
Salman Fakruddin Shaikh alias Mangya .Applicant
Vs.
The State of Maharashtra .Respondent
Mr. M. R. Gowd, Advocate, for the Applicant Mr. V. V. Gangurde, APP, for the Respondent – State
CORAM : REVATI MOHITE DERE, J. DATE : 11.06.2019
P.C.
. Heard learned counsel for the parties.
enlargement on bail in connection with C. R. No. 47 of 2018 registered with the Wadala T T Police Station, Mumbai, for the alleged offences punishable under Sections 307, 324, 504, 506(2) r/w 34 of the Indian Penal Code.
incident took place on 14.02.2018 at about 9.00 p. m. It is alleged
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BA 243-19.doc
by the Complainant – Mohammed Shaikh that co-accused – Arbaz assaulted him with the knife and that when his uncle intervened in the quarrel, the Applicant assaulted his uncle in the abdomen with a knife. A specific overt act has been attributed to the Applicant i. e. of assaulting the Complainant's uncle i. e. Salim in the abdomen with a knife. A perusal of the Injury Certificate which is on page No. 52 of the Application shows that the injured – Salim has received a grievous injury in his abdomen caused by knife. The injuries sustained by Salim are as under :-
It appears that the Applicant has six antecedents and one chapter case is pending. All the six offences pertain to bodily related offences.
enlarge the Applicant on bail. Hence, the Application stands rejected.
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BA 243-19.doc
prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.
(REVATI MOHITE DERE, J.)
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2 issues framed by the court
Whether the present bail application regarding alleged offences under Sections 307, 324, 504, and 506(2) IPC is fit for granting enlargement on bail considering the applicant's antecedents and pending
Whether the nature of grievous injury caused by the applicant's specific overt act warrants rejection of bail.
1 provisions across 1 enactments
Salman Fakruddin Shaikh alias Mangya
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
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