Arun Bihari Rajbhar v. The State Of Maharashtra

ba.3228.18.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3228 OF 2018 Arun Bihari Rajbhar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Kuldeep S. Patil for the Applicant Mr. A. R. Kapadnis, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 12 th JUNE 2019 P.C. :

Heard learned counsel for the parties.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. I-467 of 2018 registered with the Waliv Police Station, Palghar, for the alleged offences punishable under Sections 302, 326, 324, 143, 147, 148, 149, 427 of the Indian Penal Code. Perused the papers. According to the prosecution, the incident took place on 25th May 2018 at about 10:45 p.m. It is alleged that in the said incident, the applicant assaulted deceased-Shivprakash Badrinath Pal, SQ Pathan 1/2

ba.3228.18.15.doc when he intervened in the quarrel that took place between the applicant and Aakash Singh. The applicant is alleged to have assaulted the deceased with a wooden stick, which was lying on the spot. The cause of death in the post-mortem is stated as, "Traumatic subarachnoid hemorrhage and extradural hemorrhage due to bl trauma over head in an alleged case of physical assault. (UNNATURAL)". There are eye-witnesses to the said incident i.e. Moiz Rehman and Kishan Tipreddy. Considering the material on record, it is not a fit case to enlarge the applicant on bail. Accordingly, the application is rejected. However, the trial of the applicant is expedited.

It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order. REVATI MOHITE DERE, J.

SQ Pathan 2/2