High Court disposed of criminal bail application in a murder case involving death of Jamir following a knife assault by applicant. Bench held that assault showed clear intention causing death and rejected bail.
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.
19-BA-170-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 170 OF 2021
Alim Salim Pathan .... Applicant Versus The State of Maharashtra .... Respondent
Mr. Kuldeep S. Patil, for the applicant. Ms. Pallavi N. Dabholkar, APP for the State/Respondent.
CORAM :SARANG V. KOTWAL, J. DATE :15th MARCH, 2021
P.C. :
applicant and Ms. Pallavi Dabholkar , learned APP for the State.
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abused Jamir and started beating him. Sharukh held Jamir’s hand and stabbed him with knife. The informant tried to save Jamir but he was pushed away by the applicant. Jamir was taken to Civil Hospital. While undergoing treatment, Jamir succumbed to his injuries. After that, this FIR was lodged.
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definite plan in committing his murder. The quarrel on that day was not an isolated instance but the quarrels were going on for many days. There is a recovery of knife at the instance of the present applicant. This also shows his guilty mind and intention.
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changed their version. The manner in which the deceased was assaulted shows clear intention on the part of the applicant to cause such bodily injury which in ordinary course of nature would certainly cause death. In this view of the matter, no case for grant of bail is made out. The application is rejected.
(SARANG V. KOTWAL, J.)
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3 issues framed by the court
Whether bail can be granted under Section 437/439 CrPC in a murder case where the assault shows clear intention causing death.
Whether the dispute arising after the applicant's release from custody indicates a planned attack versus a spur-of-the-moment incident.
Whether the recovery of a knife and inconsistent witness statements justify rejection of bail.
Alim Salim Pathan
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
