In Criminal Bail Application No. 1021 of 2020, the Bombay High Court rejected the bail plea of an applicant charged with multiple offences including attempted murder under Section 307 IPC, considering his antecedents and the gravity of the charges.
Application 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.
1/2 33 BA 1021-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1021 OF 2020
Vikas @ Vicky Balasaheb Kamble.. Applicant
versus
The State of Maharashtra
.. Respondent
Mr. Sachin Deokar for the applicant.
Mr. S.V.Gavand, APP for the State.
CORAM: SMT. BHARATI DANGRE, J. DATED : 3RD DECEMBER, 2020
-
P.C:
1.The applicant is seeking his release on bail in an
offence punishable under Section 307, 144, 147, 148, 149, 323,
504, 506 of Indian Penal Code registered with Sahakar Nagar
Police Station.
2.The application came to be rejected by the
Additional Sessions Judge, Pune on 24/09/2020 by taking into
account the order passed by his predecessor on 18/07/2018
when the applicant had claimed parity with co-accused. The
Court has noted that the offence under Section 307 is registered
against the applicant while he was juvenile. When released on
bail in the said offence on 27/07/2017, he committed the
present offence on 07/03/2018. Further, another offence under
Section 376 is also registered against him, though the Learned
Wakodikar
2/2 33 BA 1021-2020.doc
Counsel state that he has been convicted for the said offence,
but has been released on bail by this Court. The antecedents of
the accused is one of the factor which should be taken into
account while releasing him on bail, though gravity of the
offence is also to be considered. The applicant, who is aged 20
years, has three offences to his credit and one being of a similar
nature i.e. under Section 307 do not entitle him to be released
on bail.
3. Application is rejected.
SMT. BHARATI DANGRE, J
Wakodikar
2 issues framed by the court
Whether the applicant is entitled to release on bail in the offences of attempted murder and affray given his antecedents.
Whether the gravity of the offences under Section 307 IPC and previous convictions entitle the applicant to bail.
1 provisions across 1 enactments
Vikas @ Vicky Balasaheb Kamble
The State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court