This court rejected a bail application filed by Lala Baban Shinde in connection with trial for murder and other offences. The judge refused bail due to the violent nature of the offences, prior assault history of the applicant, and the likelihood of similar offences if released.
Application rejected; bail not granted to the applicant.
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.
27-BA-386-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 386 OF 2021
Lala Baban Shinde .... Applicant
Versus
The State of Maharashtra
.... Respondent
Mr. Shriniwas Patwardhan i/b Rajeshwari Patil, for the applicant.
Mr. S.H. Yadav,, APP for the State/Respondent.
CORAM:SARANG V. KOTWAL, J. DATE :9th JUNE 2021
P.C. :
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But the informant’s father warded it of with his right hand causing injuries to his right hand fnger. The informant intervened and therefore he sufered a blow on his head. The informant tightly held the applicant. He made a phone call to their common relative in an attempt to pacify the applicant. That relative spoke with the applicant. The applicant therefore decided to go away. While going away he gave kick blows on chest and stomach of the informant’s father Hari. The informant tried to take Hari back to his house but his condition deteriorated. He was taken to Lifeline Hospital. He succumbed to his injuries.
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weapon. He submitted that the deceased had died natural death because of his weak heart.
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weapon, kicking with force on stomach and chest shows that he had knowledge of causing injuries leading to death. Background of the applicant is also important. The applicant had earlier assaulted the informant causing grievous injury. Looking to this nature of the applicant, it will not be safe to release him on bail. There is likelihood of further commission of such ofence by the applicant if he is released on bail. Therefore, considering these aspects, I am not inclined to grant bail to the present applicant.
(SARANG V. KOTWAL, J.)
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2 issues framed by the court
Whether the applicant should be released on bail considering the severity of charges and likelihood of further offences.
If the prior assault history and nature of current charges warrant bail refusal.
2 provisions across 2 enactments
Lala Baban Shinde
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
