In a bail application under Section 307 read with Section 34 IPC regarding injuries to the left axillary, the single judge granted bail considering injuries were not on vital parts, no criminal antecedents, and prolonged trial.
Applicant released on bail by executing PR bond for Rs. 30,000 with one or more sureties in the like sum.
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.
1/4
12August,2021
Rane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 104/2021
Mr. Pritesh @ Sonu Mahesh Giri .....Applicant
V/s.
State of Maharashtra
(at the instance of Rabale MIDC
Police Station)
....Respondent
* * * *
Mr. Vinod Kashid a/w. Mr. Sumit Bhoite, Advocate for the
applicant.
Mr.H.J. Dedhia, APP for State.
CORAM : SANDEEP K. SHINDE, J.
Thursday, 12th August, 2021.
P.C. :
1. Heard learned Counsel for the applicant and
learned APP for State.
2. The applicant seeks his enlargement on bail in
connection with Crime No. 130/2020 registered with
Rabale M.I.D.C. Police Station, Navi Mumbai for the
2/4
12August,2021
Rane
offences punishable under Section 307 read with Section 34
of the Indian Penal Code.
3. Prosecution case in brief is that, on 25th May,
2020, at around 11:00 a.m., the applicant allegedly inflicted
stab injuries with knife on the chest of the injured, Kesar
Rathod. Wife of the injured is the complainant. She would
allege, co-accused Mithilesh Chavan and Shashi
Vishwakarma held back her husband and facilitated the
applicant to inflict knife blows on his chest. Soon
thereafter, the applicant was admitted in D.Y. Hospital,
where he was an indoor patient for six days. Mr. Kashid,
the learned Counsel appearing for the applicant, would
submit that the Medico Legal Certificate, shows, the
injured had suffered injury on the left axillary I.e. on the
arm pit and not on the chest. It is submitted that,
although both injuries were stated to be grievous, but
infact were simple in nature as could be seen from its size
described in the Medico Legal Certificate. It is submitted
that, investigation is over and the chargesheet has been
filed. Further, it is submitted that, there are no criminal
antecedents against the applicant and therefore by
imposing appropriate conditions, this Court may release
the applicant on bail.
12August,2021
Rane3/4
4. I have perused the FIR and the statement of the
injured, as also the Medico Legal Certificate of D.Y. Patil
Hospital. The two injuries sustained by the injured in the
alleged attack mounted by the applicant were not on the
vital parts of the body but on arm pit. Size of both the
injuries were 4 x 2 x 1 c.m. and 1 x 1 x 0.5 c.m. In
consideration of this fact and the fact that, the applicant is
in custody since 31st July, 2020, I am inclined to grant bail
to the applicant. Besides, it may also be stated that, there
are no criminal antecedents against the applicant and the
trial is not likely to conclude in the near future. For these
reasons, the application is allowed. Hence, the following
order :
O R D E R
(i) The applicant arrested in Crime No. 130/2020
registered with Rabale M.I.D.C. Police Station,
Navi Mumbai, he shall be released on bail on
executing P.R. bond for the sum of Rs.30,000/-
(Rs. Thirty Thousand only) with one or more
sureties in the like sum.
(ii) The applicant shall report to the concerned
Police Station on Monday of first week of every
4/4
12August,2021
Rane
month commencing from September, 2021 till the
charge is framed and co-operate in the investigation.
(iii) The applicant shall furnish his permanent
residential address and contact number to the
Investigating Officer forthwith within a week of his
release from jail.
(iv) The applicant shall not tamper with the
evidence or attempt to influence or contact the
complainant, witnesses or any person concerned
with the case.
6. The application is accordingly allowed and disposed off.
7. It is made clear that, observations made
hereinabove, shall be construed as expression of opinion for
the purpose of granting bail only and the same shall not, in
any way, influence the trial in other proceedings.
(SANDEEP K. SHINDE, J.)
Digitally signed by NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2021.08.12 19:15:43 +0530
2 issues framed by the court
Whether bail is maintainable in an offence punishable under Section 307 IPC where injuries were not on vital parts.
Whether the applicant can be released on bail despite being in custody since July 31, 2020.
1 provisions across 1 enactments
Pritesh @ Sonu Mahesh Giri
State of Maharashtra
SANDEEP K. SHINDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court