High Court dismissed an application for bail filed by an accused person charged with murder and related offences. The court found prima facie evidence of the applicant's involvement in the incident and denied bail, rejecting the argument that the specific cause of death absolved him of liability.
Application for bail 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
BAIL APPLICATION NO.528 OF 2019
Nilesh Rajkumar Gaikwad ….Applicant. vs. The State of Maharashtra ….Respondent.
Mr. R.V. Bansode for Applicant. Mr. A.R. Kapadnis, APP. for State. Mr. S.G.Patil, PSI from Chinchwad Police Station present.
CORAM : P. N. DESHMUKH, J. DATE : 05th April, 2019
PC :
of charge sheet is filed with application. Perused charge sheet. This application is for bail in CR No.240 of 2017 registered with Chinchwad Police Station for offences punishable under Sections 302, 364, 323, 324, 143, 147, 148,149 read with 34 of the Indian Penal Code.
considering the report as well as statement of material witnesses, no
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specific role of assault is attributed to applicant but his involvement is alleged to be general in nature as he was part of incident and was simply present along with co accused at different places and different time. By referring to post mortem notes, it is submitted that, deceased did of head injury of which co-accused Akshay is the author who in fact has confessed as such to complainant Kishore- uncle of deceased. It is further contended that according to post mortem notes deceased has sustained as many as 23 injuries however there are no injuries on vital part of the body. In the back ground of above submission, it is submitted that, application may be allowed by imposing conditions since applicant is student of aged 23 years having no criminal antecedents.
direct evidence against applicant and there is no reason for any of the witnesses to falsely implicate the applicant as all the co-accused as well as applicant are friends and in fact were also knowing deceased
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Aaditya prior to and at the time of incident as well as to injured Prajkta who is also assaulted on her head and has therefore submitted that, merely because cause of death of deceased is due to head injury which is by co-accused Nilesh caused to him by assaulting on head by wooden bat by itself is no ground to allow the application.
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Prajkta. In the background of above facts, it further reveals from the report that, in spite of complainant contacting Akshay thereafter he did not receive phone calls and thus, on calling Vishal was informed by him that Aditya was hospitalized and therefore, visits the hospital at Moshi, there Aditya had succumbed to injuries. Accordingly report came to be lodged naming applicant along with co accused Akshay More and Dhiraj Shinde.
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desire arrived which was occupied by applicant along with accused persons who had jointly confessed to them that, in the morning at 11.30a.m. as deceased was found talking to Prajkta at her house, they had assaulted him and informed that he was lying in the back seat of duster vehicle, accordingly Siddharth went to the car and found Aditya lying in injured condition on the back side and was shouting, who accordingly along with Yash took him to Multi Specialty Hospital, Moshi, situated at Dehu road where he was declared dead. His statement also reveals information given to complainant by Vishal of assault of deceased by co accused Akshay, Dhiraj Gaikwad and Dhiraj Shinde having been annoyed on deceased for the reasons stated aforesaid.
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Milkmaid factory where two vehicles arrived as aforesaid which was occupied by co accused and applicant when Akshay informed assault by deceased and also informed that deceased was lying on the rear seat of duster. He claims to have seen Aditya, who was found lying on the rear seat having sustained bleeding injuries and on seeing Yash informed him that applicant along with co accused Akshay, Dhiraj Shinde and Dhiraj Tithe and one co accused referred as Barkya to have assaulted him, and requested them that, he should be immediately taken to hospital and accordingly Yash and his friends took him to hospital where he was declared dead. Similarly Nitin as well as Shekhar Ingavale had implicated applicant, together with co accused.
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Akshay More and further CCTV footage reveals involvement of co
accused when Shubha, Dhiraj Thithe are found proceeding from
Triveni square, in swift desire vehicle which evidence when considered with the statement of Yash, Vishal and Siddharth collectively, prima facie establish applicant's involvement along with co accused in the series of events which started by taking away deceased from the house of Prajkta and then on motor cycle to some secret place and after assault carried him in the car in injured condition to Milkmaid factory where from he was admitted to hospital by his friends Vishal and Siddharth whom he was declared, dead on admission in the hospital.
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death of deceased is head injury. it is noted that apart from such injury deceased sustained as many as 23 injuries on his person on the various part of the body which goes to establish involvement of more than one person in commission of present crime.
In view of available evidence as discussed above as applicant's involvement is prima facie established, then, there is no substance when it is contended that, since cause of death of deceased is due to head injury which is caused by co accused Akshay More as confessed by him as by itself this evidence is not sufÏcient to allow the application. Application is therefore, rejected.
( P.N.DESHMUKH, J.)
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2 issues framed by the court
Whether bail should be granted to the applicant charged with murder, culpable homicide, and other offences.
Whether the specific cause of death (head injury inflicted by a co-accused) negates the applicant's involvement.
Nilesh Rajkumar Gaikwad
The State of Maharashtra
P. N. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
