Hitesh Jayram Shinde v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2866 OF 2018 Hitesh Jayram Shinde, Age 22 years, Occ.Student, R/o.Chatrapati Nagar, Thakurbai Chawl, Ulhasnagar4, Dist.Thane.
Applicant versus The State of Maharashtra Respondent Mr.Prakash Wagh for applicant.
Mr.A.R.Kapadnis, APP, for State.
Mr.B.M.Salunke, PSI, Vitthalwadi Police Station, present. CORAM :
PRAKASH D. NAIK, J.
DATE : 16th January 2019 PC :
1.
This is an application for bail in CR No.I334 of 2017 registered with Vitthalwadi Police Station for offences under Sections 307, 324, 504, 506, 143, 147, 149 of Indian Penal Code r/w Sections 37(1) and 135 of Maharashtra Police Act r/w Sections 4,25 and 27 of Arms Act. The applicant was arrested on 21st November 2017. The case of prosecution is that the applicant and others had assaulted the complainant. The applicant was armed with sword and gave blow on the head of complainant. Learned counsel for applicant submits that the injury report indicate that injury sustained on the head of complainant is simple in nature. However, what is required to be considered, is that the applicant and others were armed with weapons and they had assaulted the complainant. He managed to save himself from further assault.
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Learned APP also pointed out that there are three other cases registered against the applicant. In the circumstances, no case for grant of bail is made out. Hence Criminal Bail Application No.2866 of 2018 is rejected.
3.
In the event trial does not commence within six months from today, the applicant will be at liberty to file a fresh application for bail.
(PRAKASH D. NAIK, J.) MST