Laxman Tukaram Dhawade v. the State of Maharashtra

Bombay HC13 Dec 2019BA/2612/2019

Case brief

AI extract

What is this about?

In this Criminal Bail Application, the High Court considered a plea by the applicant for bail in a case involving serious assault and attempted murder with weapon, noting substantial evidence and serious injuries to the victim, resulting in the rejection of the bail plea and an order to expedite the trial.

What did the court decide?

Criminal Bail Application No.2612 of 2019 rejected; Trial ordered to be expedited.

What the court decided

AI extract

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1 of 4 912.BA.2612.2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.2612 OF 2019

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Laxman Dhawade, Age 46 years,
Occ.Business, R/o.S.No.16/A,
Matorhri Bungalow, Shivnagar Kolhewadi,
Post Khadakwasla, Tal.Haveli, Dist.Pune.
(Presently lodged in Jail)

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Applicant

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versus

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The State of Maharashtra

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Respondent

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Ms.Nagma Tandon for applicant.
Mr.S.H.Yadav, APP, for State.

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CORAM :PRAKASH D. NAIK, J.

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DATE : 13th December 2019

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PC :

Laxman Tukaram Dhawade Vs the State of Maharashtra — Bail and Remand | Bombay HC (2019)

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1.The applicant is seeking bail in CR No.119 of 2019 registered
with Singhgad Road Police Station, Pune for offences under Sections
307, 341 and 506 of IPC. The FIR was lodged by the injured on 16th
January 2019.

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2.It is the prosecution case that the injured was in relationship
with the accused. He is a married person having children. The
injured-complainant was conducting parlour business. On 15th
January 2019 she was proceeding on her scooter with her friend
Manisha Kuradkar. She noticed the applicant traveling in four
wheeler. The accused took turn and followed them. When they
reached at Barangi Mala opposite stone crusher, Dalviwadi, Nanded
Phata, Pune, the applicant came there. He took up the weapon like
chopper from his car. The applicant and her friend were obstructed

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from proceeding further. The accused then assaulted the
complainant on her neck, back and both the hands. As a result of
assault, she sustained injuries and her index finger was amputed.
She was treated in the hospital and the FIR was lodged. The
applicant was arrested. On completing the investigation, charge
sheet is filed.

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3.Learned counsel for applicant submits that the applicant is in
custody for almost one year. He may be granted bail on any
stringent condition. The medical record indicate that the injured was
discharged from hospital within four days. It is further submitted
that medical certificate of Sinhgad Super Speciality Hospital refers to
the injuries sustained by complainant. However, the history provided
by her did not indicate the name of assailant. It is submitted that the
statement of Vaijayanta Pokale working in the parlour of the
complainant mentions that on 15th January 2019 Manisha Kuradkar
had informed her that the complainant has met with an accident and
she is admitted in hospital. She has further stated that when she met
the complainant on 17th January 2019, the complainant stated that
she has not met with the accident but she has been assaulted by the
applicant with sharp weapon like chopper. It is submitted that the
applicant was in relationship with the complainant for a period of
about eight years. The fact that he was married and was having
children was known to her. The applicant is willing to stay out of the
jurisdiction of investigating police station.

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the complainant, establishes the assault by complainant. The
medical certificate shows serious injuries sustained by the
complainant. If the applicant is granted bail, there is every
likelihood that he would cause harm to the life of victim.

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5.I have perused the statements on record. The first informant
has specifically stated that the applicant had assaulted her by sharp
weapon on neck, back and hands. She also stated that her index
finger is amputed. The statement of the friend of the complainant
who was accompanying her was also recorded, which corroborates
the version of complainant. The injury certificate of the victim
indicate that she has sustained seven injuries, such as :

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6.Thus, there is substantial evidence against applicant showing
his involvement. The applicant had assaulted the complainant who
is a woman causing serious injuries to her. The injuries were caused
on vital part of body. The assault has resulted into amputation of a
finger. Considering the manner in which the victim was assaulted,
the applicant cannot be granted bail. However, considering the fact

Laxman Tukaram Dhawade v. the State of Maharashtra

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What is this about?

What did the court decide?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

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