Bail application rejected due to gravity of offences punishable by life imprisonment or death involving murder and grievous injuries.
Bail application rejected.
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SHAMBHAVI NILESH SHIVGAN
Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2021.09.02 18:45:40 +0530
36-BA-229-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.229 OF 2021
Sandip P. Parcha … Applicant Vs The State of Maharashtra ... Respondents
Mr. Mohit Rajan Salvi for the Applicant. Mr. Ajay Patil , APP for the Respondent-State. PSI Sandesh Bhise, Tilak Nagar P.Stn. Present.
CORAM : SANDEEP K. SHINDE J. DATE : 1ST SEPTEMBER, 2021.
P.C. :
Heard.
2 Applicant is seeking his release on bail in connection with the Crime No.342 of 2019 registered with Tilak Nagar Police Station for the ofences punishable under
Sections 302, 307, 323, 326, 504, 506, 506II read with Section 34 of the Indian Penal Code, 1860 and Section 4 and 27 of the Indian Arms Act and Section 37(1)(A) read with 135 of the Maharashtra Police Act.
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3 Heard the learned counsel for the applicant and the learned Prosecutor for the State.
4 Prosecution case in brief is that, on 8 th August, 2019 at around 11.45 a.m., Dipak Manohar Chavaria and his brother Manoj were proceeding on their motor-cycle towards Adani Electricity Collection Centre. While, they were passing from the house of the complainant. Informant saw applicant, his father and mother were standing on the road, which was narrow. Informant blew horn and signalled them to step aside. Applicant and his father got angry and started abusing the informant. Whereafter informant stopped his two-wheeler. His brother Manoj questioned the applicant and his father. In the meantime, the applicant went to his house and brought a big knife. He gave blow on the left side ribs of Manoj. He also gave one blow on the informant’s back. Applicant thereafter assaulted father of informant with a big knife and also to his sister on back.
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Applicant allegedly threatened the people, who had gathered around the spot. In the incident father of the informant succumbed to the injuries. Post-mortem report of informant’s father shows that he had sufered at-least six incised wounds and two stab injuries on chest and on abdominal cavity. Besides, informant, his brother and sister had also sufered grievous injuries at the hands of the applicant.
5 The learned counsel for the applicant would submit in the altercations, applicant’s mother had also sufered grievous injury on her neck. In support of his submission, he relied on the injury certifcate of the applicant’s mother and father.
6 Be that as it may, the incident narrated in the First Information Report is corroborated on material facts by the eye witnesses. Informant, his brother Manoj and sister consistently narrated the incident as stated in the First
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Information Report.
9 It is made clear that observations made here-inabove be construed as expression of opinion for the purpose of bail only and the same shall not in any way infuence the trial in other proceedings. l
(SANDEEP K. SHINDE, J.)
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1 issue framed by the court
Whether bail should be granted to the applicant in a case involving offences punishable with life imprisonment or death.
3 provisions across 3 enactments
Sandip P. Parcha
The State of Maharashtra
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
