The Single Judge rejected the bail application of an accused charged with murder and affray. Finding documentary evidence and medical reports conclusively worked against him regarding his active role, the Court refused custody release.
Criminal Bail Application No. 3240 of 2018 is 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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3240 OF 2018
Kamal Umar Dhanse … Applicant Versus
State of Maharashtra … Respondent
Mr. Ganesh Gole I/by Ritesh Ratnam for Applicant. Mr. S. S. Hulke, APP for Respondent – State.
CORAM : NITIN W. SAMBRE, J. DATE : JANUARY 14, 2019.
P.C. :
. In Crime No. 29 of 2018 for an offence punishable under Sections 302, 143, 147, 148, 149, 323 & 504 of Indian Penal Code and Sections 37(1) (3) & 135 of Maharashtra Police Act the Applicant is seeking regular bail.
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of the witnesses have allegedly stated that the Applicant has assaulted the deceased, the Applicant needs to be released on bail. He submits that there are no criminal antecedents and the Applicant is very much available for investigation. He would then urge that the existence of civil dispute can be considered to the interest of the Applicant to the extent of the false implication of the Applicant in the crime in question.
involvement of the Applicant along with other co-accused in the crime in question. The learned Counsel for Applicant was right in inviting attention of this Court to the statement of the eye-witnesses other than the
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Complainant Samir so as to impress upon this Court to form an opinion that though the specific role of using the stone as weapon is alleged against the Applicant which appears to be the one of the cause of death, Complainant Samir was assaulted by the Applicant and other co-accused, his family members. From statement recorded on 2nd May 2018 regarding the incident dated 1st May 2018, same in categorical terms attributes specific role to the Applicant of use of stone in the commission of crime. The said role attributed to the Applicant further co-relates with that of medical evidence on the record i.e. the cause of death.
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stands rejected.
(NITIN W. SAMBRE, J.)
2 issues framed by the court
Whether the applicant is entitled to regular bail given his alleged active role in the offence causing death and the lack of corroboration of the complainant's statement.
Whether the documentary evidence and medical evidence sufficiently pin-point the applicant's involvement in the crime to refuse bail.
2 provisions across 2 enactments
Kamal Umar Dhanse
State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
