This court allowed an anticipatory bail application filed by Shrikrushna Rajendra Kolhe accused of attempted murder. The court found insufficient material evidence to connect the applicant to the crime.
Bail granted to the applicant in terms of the interim order.
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.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.388 OF 2023
Shrikrushna Rajendra Kolhe
Applicant
Versus
The State of Maharashtra
Respondent
Mr. S. S. Thombre, Advocate for the applicant. Mr. S. N. Morampalle, APP for the State. Mr. D B. Kale, Advocate for the informant.
CORAM : R. M. JOSHI, J. RESERVED ON : 28th JUNE, 2023. PRONOUNCED ON : 4th JULY, 2023.
PER COURT :
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bearing No. MH 14 EC 5599 and obstructed him and accused him that because of the complaint lodged by his brother in respect of enroachment as well as rationing shop, the licence of the paternal uncle of the applicant is cancelled. By saying so, applicant slapped him and threatened him to kill. Informant therefore started proceeding towards Kallamb Police Station. At Hasegaon he stopped his motorcycle and called his brother informing about the incident. It is alleged that near crematory at Hasegaon, applicant deliberately drove his vehicle and dashed his motorcycle from behind in order to kill him.
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opposed the application by stating that there is specifc allegation against the present applicant in the First Information Report as to the manner in which he had abused, assaulted, threatened and fnally attempted to kill the informant. In this regard reference is made to the CDR showing presence of applicant in the same village. It is submitted that offence is serious in nature and hence custodial interrogation of the applicant is necessary.
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that there was dash given to his motorcycle by the vehicle of the applicant. Panchanama of recovery of vehicle of applicant does not show any damage caused to it. On the contrary, it shows that the alleged vehicle used in the crime is already seized by the police and as such nothing is to be recovered at his instance. Applicant is resident of the village where his location is found from CDR. This evidence will not be suffcient to connect the applicant with the crime in question. Having regard to the previous dispute between the parties and since there is no material evidence to connect applicant with this crime, he is entitled for anticipatory bail. Hence, application is allowed in terms of the interim order.
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3 issues framed by the court
Whether anticipatory bail should be granted to the applicant accused of attempting to kill the informant.
Whether the physical evidence corroborates the allegation of a forceful dash causing injury only to the driver.
Whether the absence of injuries to the pillion rider negates the gravity of the serious charge.
Shrikrushna Rajendra Kolhe
The State of Maharashtra
R. M. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
