Ajay Mirilal Kale v. the State of Maharashtra and Another
Case brief
What is this about?
The Supreme Court of India considered a bail application under Section 439 Cr.P.C. The Court held that the applicant should be released on bail due to contradictions in the prosecution case regarding the number of injuries, absence of blood stains on the sling, and conflicting statements from witnesses, which made the applicant's guilt remote.
What did the court decide?
Bail granted on police bond of Rs 50,000 with one solvent surety in the like amount.
What the court decided
( 1 ) 910 ba 587.21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
910 BAIL APPLICATION NO.587 OF 2021
AJAY MIRILAL KALE VERSUS THE STATE OF MAHARASHTRA
... Advocate for Applicant : Mr. Deshpande Chaitanya C APP for Respondents/State : Mr. G.O. Wattamwar
CORAM : M.G. SEWLIKAR, J. DATE : 21st December, 2021
P.C.:-
Heard learned counsel Shri Deshpande and Shri G.O. Wattamwar
learned APP for the State.
- It is the prosecution case that applicant is the husband of the informant. Their marriage was performed two years prior to the incident.
They had a daughter of 3 days old. Applicant used to accuse the informant of infidelity. On 9th July, 2020, the applicant denied the paternity of the female child and assaulted the child on head. At that time child was sleeping in a sling. Female child wept for some time and then became quiet. She was immediately shifted to the hospital where on examination she was declared dead. Accordingly, FIR was lodged on 09.07.2020 on the basis of this FIR offence under Section 302, 323, 504 of the I.P.C. came to be registered vide
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail given discrepancies in physical evidence and witness statements regarding the cause of death.
Whether the post-mortem report contradictions regarding blood stains and number of injuries suggest the improbability of the applicant's involvement.
Parties & counsel
- applicant
AJAY MIRILAL KALE
- respondent
THE STATE OF MAHARASHTRA
Coram
M.G. SEWLIKAR
Case details
As recorded by the court registry
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