Akash @ Sandeep Dineshkumar Pandey v. The State Of Maharashtra

Sknair 902-ba-2303-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2303 OF 2018 Akash @ Sandeep Dineshkumar Pandey ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Mr. Akhilesh Singh for the applicant.

Mrs. G.P. Mulekar, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 12th FEBRUARY, 2019.

P.C.

1.

This is an application for bail in connection with CR No. 285 of 2017 registered with Bhandup Police Station for the offence punishable under Section 307 read with Section 309 of Indian Penal Code. Applicant was arrested on 15th July, 2017. 2.

The case of the prosecution is that on 27th June, 2017, the applicant had stabbed the victim on her abdomen. Mother of the victim noticed the said incident and scolded the applicant for assaulting the victim and at that time applicant inflicted injuries to himself. All the neighbours reached to the spot of incident and taken the victim to the hospital. FIR was lodged. Version of the victim indicate that she had refused the proposal of the applicant and out of frustration he had assaulted her.

Sknair 902-ba-2303-18.odt 3.

Learned counsel for the applicant submits that investigation is completed and chargesheet has been filed. There was no intention to commit murder. Applicant had also sustained injury. 4.

Learned APP submitted that the offence is of serious nature. There is danger to the life of the victim and in the event bail granted to the applicant there is every likelyhood danger to the life of the victim.

5.

I have perused the documents on record. The injury certificate of the victim indicate that she had sustained stabbed injury to her abdomen which was a serious in nature. The victim as well as complainant has categorically stated that the applicant had assaulted victim by using knife.

6.

Considering the manner in which the victim was assaulted and the motive for committing the crime, no case for grant of bail is made out.

ORDER

i.

Criminal Bail Application is rejected.

ii.

Trial Court shall conclude the trial expeditiously. ( PRAKASH D. NAIK, J. )