The applicant sought bail in a murder case where the prosecution alleged he struck the deceased with an iron rod on a vital part of the body. The Court considered the gravity of the assault, the injury nature, the presence of an eyewitness, and recovery of the weapon.
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2024:BHC-AS:11658
Urmila Ingale 13 BA 240-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.240 OF 2024
HEMANT @PAPPU SURESH KALBHOR ..APPLICANT VS STATE OF MAHARASHTRA ..RESPONDENT
Mr. Amit Icham, for the applicant. Mr. S. A. Karmakar, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : MARCH 11, 2024
P.C. :
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Urmila Ingale 13 BA 240-24.doc
The applicant pushed the moving motorcycle carrying the deceased as a result of which the motorcycle and the deceased fell down. The applicant with an iron rod inflicted blows on the head of the deceased. The assault was on the vital part of the body. The cause of death is fatal head injury. There is an eyewitness to the incident. There is recovery of the weapon at the instance of the applicant. Learned counsel for the applicant submitted that the applicant is in custody since 12/03/2021 almost for a period of 3 years. In the facts and circumstances of the present case, considering the nature of the injury sustained, gravity of the assault on the vital part and the fact that there is eyewitness to the incident, dissuades me from enlarging the applicant on bail.
(M. S. KARNIK, J.)
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Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 11/03/2024 17:13:20
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving an alleged offence of murder under Section 302 IPC?
1 provisions across 1 enactments
HEMANT @PAPPU SURESH KALBHOR
STATE OF MAHARASHTRA
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
