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Bombay High CourtBA/531/2020others disposed off

Denzil Arokdas David v. The State Of Maharashtra And ANR

2020-03-18Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 531 OF 2020 Denzil Arokdas David .Applicant ...

v/s.

The State of Maharashtra and Anr. .Respondents ...

**** Mr. Laxman K. Kalel i/by Priyanka Matlane, Advocate for the applicant.

Ms. Sharmila Kaushik, APP for the State.

CORAM : SANDEEP K. SHINDE, J.

Wednesday, 18 th March, 2020.

P.C. :

Heard.

1.

Applicant is seeking his enlargement on bail in connection with C.R. No.883/2018 registered with Dehu Road Police Station, Pune for the offences punishable under Sections 307, 323, 24, 504 of the Indian Penal Code, 1860 and Sections 4, 27 of the Arms Act, 1959.

2.

I have perused the final report.

2/3 Complainant had attributed a specific role to the applicant. Injury certificate produced by the prosecution prima facie, corroborates the version of the applicant. It shows the injured had suffered multiple stab injuries, CLW over head and left forearm, and left proxmal ulna fracture (higher energy injuries).

3.

The material on record prima facie, constitutes reasonable ground to believe the applicants complicity in the crime, which is '

punishable with imprisonment for life or 10 years. Therefore though the investigation is over, it is not a fit case to release the applicant on bail. 4.

Application is rejected.

5.

However, if the trial does not commence and conclude on or before December, 2021, applicant may apply for his enlargement on bail. 6.

Application is disposed off.

7.

It is made clear that observations made

3/3 hereinabove shall be construed as expression of opinion only for the purpose of refusal of bail and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.)