Santosh Kantilal Kharva v. The State Of Maharashtra

Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.778 OF 2015 IN CRIMINAL APPEAL NO.804 OF 2015 Santosh Kantilal Kharva ..Applicant Vs.

The State of Maharashtra ..Respondent ----- Mr. Deepak R. Kushwana for Applicant.

Mr. H.J. Dedhia, APP for the State.

----- CORAM: SMT. V.K. TAHILRAMANI, Acting C.J. & A.S. GADKARI, J.

22nd September, 2015 P.C.:

Heard learned Counsel for the applicant and the learned APP for the State.

The applicant has been mainly convicted for the offence punishable under Section 302 of IPC. The applicant is now seeking bail.

There are two eye-witnesses to the incident. They are PW-1 Arun and PW-2 Rakesh. The evidence of Arun shows that

the applicant took out a weapon like 'gupti' and stabbed Mangesh in the stomach. The evidence of PW-2 Rakesh also shows that the applicant assaulted Mangesh on the throat and stomach with weapon due to which Mangesh sustained number of injuries. Rakesh has further stated that the applicant was not leaving Mangesh, hence he went running and gave dash to the applicant. Rakesh then took Mangesh to the hospital. The medical evidence shows that Mangesh has sustained 20 injuries. Out of 20 injuries, 7 are incised wounds out of which 2 are incised stab wounds. Some of the injuries are on vital part of the body like chest.

In this view of the matter, we are not inclined to grant bail to the applicant.

The Application is rejected.

(A.S. GADKARI, J.) (ACTING CHIEF JUSTICE)

CERTIFICATE Certified to be true and correct copy of the original signed order.