Allowed

Mandar Krushnadev Kadam v. the State of Maharashtra

Bombay HC23 Nov 2021BA/1709/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application of an accused charged with attempted murder and criminal conspiracy. The court observed that the accused sustained grievous injuries from the informant and no injury was sustained by the victim, noting the allegation raised the knife was unsupported by evidence. The case was disposed of by granting bail.

What did the court decide?

The applicant is released on bail in C.R. No. 985 of 2018 on executing a personal bond of Rs. 20,000 with one or two sureties in like amount.

Mandar Krushnadev Kadam Vs the State of… — Murder and Culpable Homicide | Bombay HC (2021)

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29-BA-1709-2021.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 1709 OF 2021

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Mandar Krushnadev Kadam ...Applicant

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Versus

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The State of Maharashtra...Respondent

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Mr. Kedar Patil for the Applicant.
Mr. A.A. Palkar, APP for the Respondent -State.

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 CORAM :V.G.BISHT, J.
RESERVED ON :16TH NOVEMBER, 2021
PRONOUNCED ON :23RD NOVEMBER, , 2021

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PC:-

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1. The present application has been moved by the

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applicant under Section 439 of the Code of Criminal
Procedure in Crime No. 0985 of 2018 registered with Karad

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City Police Station, District -Satara for offences punishable
under Sections 307, 506 read with 34 of the Indian Penal

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Code (the IPC).

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2. It is the case of prosecution that on 26^th December, 2018

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in the morning, a quarrel had taken place and thereafter at

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29-BA-1709-2021.DOC

about 3.15 pm on the same day, accused Mandar Kadam
(applicant), Akshay Jadhav, Amol Mane and brother-in-law of
applicant with a view to kill the brother of informant, namely,
Juber caught hold of him. It is further alleged that when the
applicant raised a knife to assault informant’s brother,
informant picked up a wooden log and hit on the head of
applicant and from there, he and others fled away. Later on,
informant lodged report.

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3.Mr. Patil, learned Counsel for the applicant, submits that
arising out of the same incident in which he was assaulted by
the informant in the present case, his First Information Report
(FIR) came to be recorded earlier. Learned Counsel then
invited my attention to his FIR and as also the medical
certificate in respect of the injuries sustained by him.
According to learned Counsel, the injuries were grievous in
nature whereas in the case in hand except that the applicant
had raised a knife to assault the brother of informant, there is
nothing else. The present complaint is only filed by way of
after thought, according to learned Counsel.

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29-BA-1709-2021.DOC

4. Mr. Palkar, learned APP, fairly submits that the informant

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or for that matter his brother had not sustained any injury in
the incident and, therefore, submits that an appropriate order
may be passed.

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5. Perused FIR and the investigation papers. It appears

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that arising out of the same incident, Akshay Jadhav i.e. co-
accused had filed FIR against informant in the present case on
the basis of which C.R. No. 983 of 2018 under Sections 307,

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325, 323, 506 read with 34 of the IPC came to be registered.

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6. It is then further seen that the said Akshay Jadhav and

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Mandar Kadam i.e. applicant had sustained grievous injuries
as a result of assault mounted by the informant in the present
case. The fact of assault is also admitted by the informant in
his own FIR. On the other hand, the allegations against the

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applicant in the case in hand is that he only had raised a knife
in order to assault the brother of informant and nothing else.

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29-BA-1709-2021.DOC

No injury was sustained even remotely by the brother of
informant or for that matter informant himself.

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7. Thus, having regard to the facts and circumstances of

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the case, in my considered opinion, the applicant has made
out a case for bail. Hence, the following order :

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ORDER

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(i)Applicant- Mandar Krushnadev Kadam shall be

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released on bail in C.R. No. 985 of 2018 registered

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with Karad City Police Station, Satara on his
executing P.R. Bond in the sum of Rs. 20,000/-

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with one or two surety/ sureties in like amount.

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(ii) Bail before the trial Court.

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(iii)Parties to act on copy of this order duly
authenticated by the Sheristedar of this Court.

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(iv) The application is allowed in the aforesaid

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terms and stands disposed off accordingly.

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(V.G.BISHT, J. )

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Digitally signed TRUPTI by TRUPTI SADANAND SADANAND BAMNE BAMNE Date: 2021.11.23 18:24:08 +0530

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Mandar Krushnadev Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mandar Krushnadev Kadam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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