Lalit Kashinath Bhandari v. The State Of Maharashtra

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2956 OF 2018 Lalit Kashinath Bhandari ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.N.V.Sawant, for the Applicant.

Ms.P.P.Shinde, A.P.P for the Respondent - State. CORAM : REVATI MOHITE DERE, J.

DATE : 28th JUNE, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.45 of 2017 registered with the Malad Police Station, Mumbai, for the alleged offences punishable under Sections 307, 141, 142, 143, 146, 147, 148, 504 and 506 of the Indian Penal Code.

3.

Perused the papers. The incident is alleged to have taken

2/3 place on the intervening night between 29th January, 2017 and 30th January, 2017, when the applicant and the deceased - Hemant, had gone to see a cricket match. It is alleged that 2 to 3 persons, sitting near Hemant, started quarrelling with Hemant (deceased) at 12.30 a.m. on 30th January, 2017, with respect to an incident which had taken place, seven years back. According to the eye-witnesses, the applicant was present at the spot and is alleged to have assaulted the deceased with a stump/belt. The deceased was brutally assaulted by the accused. The postmortem report shows that the deceased had sustained as many as 28 injuries on his person. The cause of death is 'Shock Due to Craniocerebral Injury Associated with Blunt Chest, Abdominal and Back Trauma, (Unnatural)'. If the applicant is enlarged on bail, the possibility of the applicant tampering with the eye- witnesses, cannot be ruled out.

4.

Considering the material on record, this is not a fit case to enlarge the applicant on bail.

5.

Hence, the application for bail is rejected and disposed of as such. However, the trial of the applicant is expedited. The learned

3/3 Judge to conclude the trial as expeditiously as possible and preferably within 12 months from the date of receipt of this order. 6.

It is made clear that the observations made herein are prima facie for deciding the aforesaid application, and the learned Judge shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

REVATI MOHITE DERE, J.