Allowed

Siddharth Ashok Khare v. the State of Maharashtra

Bombay HC19 Jan 2023BA/11/2023

Case brief

AI extract

What is this about?

This bail application challenged detention under Sections 302 and 502 IPC. The court granted relief, citing inconsistent ocular witness statements and contradictions between medical history and post-mortem findings as decisive factors.

What did the court decide?

Bail allowed on allowance of Rs.50,000/- with one solvent surety to the same amount. Condition: shall not tamper with prosecution witnesses.

Siddharth Ashok Khare Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2023)

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923-ba-11-2023.odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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BAIL APPLICATION NO.11 OF 2023

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SIDDHARTH ASHOK KHARE
VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. Rathi Swapnil S.
APP for Respondent/State : Mr. S.B. Narwade

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CORAM : S.G. MEHARE, J.

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 DATED : JANUARY 19, 2023

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PER COURT:-

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1.Heard learned counsel for the applicant and learned APP
for the State.

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2.Initially, the first informant in FIR stated that he saw the
applicant assaulting the deceased. However, in a statement under
Section 164 of Criminal Procedure Code, he did not state that he
witnessed the incident. The history of assault recorded on medical
paper reveals that there was penetrating injury to the abdomen by rod
and history of fall. As against this, the post-mortem report is contrary
observing that the deceased died due to the stab injury.

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3.It is not in dispute that the applicant and deceased were
acquainted to each other. Except the circumstantial evidence, there is
no material against the applicant. The recovery of weapon and blood
stained clothes is the only evidence against the applicant at this

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923-ba-11-2023.odt

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(2)

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juncture. Its evidenciary value would be tested during the trial.
Considering the inconsistent statements of ocular witnesses and the
history of assault recorded in the hospital, the applicant deserve bail.
Hence, the following order :

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ORDER

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(i)Bail Application is allowed.

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(ii)The applicant, Siddharth Ashok Khare, be released on bail on
executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with
one solvent surety in the like amount in connection with Crime
No.150 of 2022, registered at Purna Police Station, Taluka Purna,
District Parbhani for the offence punishable under Section 302 and
504 of the Indian Penal Code, on the condition that he shall not
tamper with the prosecution witnesses.

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 (S.G. MEHARE, J.)

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Mujaheed//

Siddharth Ashok Khare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Siddharth Ashok Khare v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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