Shahajan Rahiman Jamadar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1193 OF 2019 Shahajan Rahiman Jamadar .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr.Kuldeep Nikam, Advocate for Applicant.

• Mr.Prashant Jadhav, APP for the State/Respondent. • PC K.S. Nikam, Indpaur Police Station, Pune, present. CORAM : SARANG V. KOTWAL, J.

DATE : 11th JUNE, 2019 P.C. :

1.

The Applicant is seeking bail in connection with C.R.No.762/17 registered with Indapur Police Station, Pune, under sections 307, 324, 337, 504, 506 of the Indian Penal Code. 2.

The FIR is lodged on 26/10/2017. The investigation is already over. The Applicant was arrested on 13/08/2018. The FIR is lodged by one Rahiman Yakub Jamadar, who is father of the Applicant. According to him, the Applicant was harassing him on the ground that the Applicant wanted to get married and the first informant was not taking any steps. It was also his grievance that the first informant was not giving him any Nesarikar

2 / 2 37-BA-1193-19.odt amount to start his business. On this count he started quarreling with the first informant. The first informant's elder son Yunus tried to separate the Applicant from his father. At that time, the Applicant took out the knife from his Banian and stabbed Yunus on his stomach. Yunus fell down at the spot. The Applicant ran away. While going away he threw brick at the daughter-in-law of the first informant. The injured was taken to Hospital of Dr.Fade at Akluj and he was admitted. On these allegations, the FIR was lodged.

3.

The injury certificate filed along with the investigation papers show that the injured had suffered injury on left side of abdomen with the dimensions of 3 cm x 3 cm of full thickness. The intestine was protruding. The injury was serious and life threatening. There are thee eyewitnesses to the incident whose statements are recorded and the statement of injured himself is also recorded. All statements are consistent. In these circumstances, no case for bail is made out. The Application is rejected. (SARANG V. KOTWAL, J.)