Swapnil Raghunath Kumbhar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2154 OF 2015 Shri Swapnil Raghunath Kumbhar ..Applicant v/s.

The State of Maharashtra.

..Respondent Mr. Prakash Naik i/b. Mr. Sandeep S. Salunkhe for the Applicant Mr. J. H. Ramugade, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : DECEMBER 17, 2015.

P.C.

1.

This is an application for bail filed by the applicant who is arrested in C.R.No.293 of 2015 registered with Alankar Police Station for offence under Section 307 of the Indian Penal Code r/w. Section 37(1), 135 of Mumbai Police Act. 2.

The allegations against the applicant are that on 15/6/2015, he attempted to commit murder of Asmita Chandrakant Kadam by stabbing her with a knife. The said crime was registered pursuant to FIR lodged by said Chandrakant Kadam, the father of the victim. The applicant was arrested on 16/6/2015. The application for bail filed by the applicant has been dismissed by the Additional Sessions Judge, Pune. Hence,

the present application.

3.

Mr. Naik, the learned Counsel for the applicant submitted that the applicant and the victim were friendly with each other and that the applicant was possessive about the victim. He submitted that the investigation is completed and presence of the applicant in custody is not necessary. 4.

Mr. Ramugade, the learned APP has submitted that the applicant had inflicted 18 injuries on the vital part of the body and the nature of injuries and the nature of allegations do not justify grant of bail.

5.

I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. The statement of the victim prima facie reveals that the applicant herein was known to her and that he was very possessive about her. The statement of the victim prima facie indicates that on 15/6/2015 at about 2.55 a.m. the applicant herein had inflicted injuries on her by means of a knife. The

medical certificate reveals that the victim had sustained 18 injuries on the vital parts of the body. The statement of the victim and the medical certificate prima facie indicates that the applicant herein is prima facie involved in committing offence under section 307 of the IPC.

6.

Though the chargesheet has been filed, the case is not yet committed. Considering this fact, release of the applicant at this stage would hamper the trial. In view of the above facts and circumstances, the applicant is not entitled for bail. Application is dismissed.

(ANUJA PRABHUDESSAI, J.)