Jitendra Bholanath Jaiswal v. The State Of Maharashtra

3.ba 1642.18.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1642 OF 2018 Mr.Jitendra Bholanath Jaiswal .. Applicant Vs.

State of Maharashtra .. Respondent Mr.Ashok P. Mundargi, Senior Advocate I/b Mr.Abhishek Yende, for the Applicant.

Mr.S.R.Agarkar, APP for State.

Mr.Yogesh Dabhade, PSI, Bhiwandi city Police Station. CORAM : PRAKASH D. NAIK, J.

DATE : 27th FEBRUARY, 2019 P.C. :

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This is an application for bail in connection with C.R. No. I-21 of 2017 registered with Bhiwandi police station for the offences punishable under sections 307 and 354 of the I.P.C. 2.

The First Information Report was lodged on 19/01/2017. The victim is a lady aged about 28 years. She is a married woman. On the date of the incident, the applicant had allegedly visited the house of the victim and at that time, he had 1/2

3.ba 1642.18.doc assaulted her by knife. The victim was admitted to hospital and she was hospitalised for a period of about more than a month. The medical certificate indicates that she had sustained about 13 injuries, amongst them 7 injuries were of grievous nature. Learned Counsel for the applicant submits that applicant is 19 years old. He is in custody for a period of about 2 years. The injury certificate issued by Jupiter Hospital indicates that victim has sustained 10 injuries.

3.

On perusal of the First Information Report and injury certificate, it is apparent that victim was totally assaulted by the applicant. She had sustained grievous injuries. One of the injuries was inflicted on chest. Fortunately, she had survived. Considering the circumstances, no case for grant of bail is made out. Hence, the application is rejected. However, considering the fact that the applicant is in custody for a period of 2 years, the trial is expedited.

(PRAKASH D. NAIK, J.) 2/2