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Bombay High CourtBA/793/2016bail rejected

Deepak Baban Chaskar v. The State Of Maharashtra

2016-04-13Hon'Ble Justice Revati Mohite Dere2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 793 OF 2016 Deepak Baban Chaskar ...Applicant

Versus

State of Maharashtra

...Respondent

Mr.Pandit Kasar, for the Applicant Ms. Veera Shinde, A.P.P for the Respondent-State Police Constable - Vikas N. Dudhe, Bhosari Police Station. CORAM : REVATI MOHITE DERE, J.

DATE : 13th APRIL, 2016 P.C. :

1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks his enlargement on bail in connection with C.R. No. 166 of 2015, registered with the Bhosari Police Station, Pune, for the alleged offences punishable under Sections 307 r/w 34 of the Indian Penal Code.

3.

Learned Counsel for the Applicant states that the FIR has been lodged as against unknown persons and that there is a delay in holding the identification parade. He submitted that the applicant has been falsely 1/2

2/2 926-ba.793.2016 implicated in the said case.

4.

Learned APP opposed the bail application.

5.

Perused the charge-sheet. It appears that the complainant in the FIR has given the description of two unknown persons. The applicant has been identified in the identification parade held on 27th November, 2015. There is an eye-witness to the said incident and an extra-judicialconfession made to one Santosh Pachange. The injury certificate also shows that the complainant has received depressed scalp fracture. Apart from that, there are two antecedents, qua the applicant. 6.

Considering the aforesaid, the Application for bail is rejected and disposed of as such.

7.

Needless to observe, that the trial court shall decide the case on its own merits, uninfluenced by the observations made in this order. REVATI MOHITE DERE, J.

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