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Bombay High CourtBA/496/2022dismissed

Krushna Shivaji Somase v. The State Of Maharashtra

2022-06-24Hon'Ble Shri Justice S. G. Mehare2 pages

915-BA-496-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.496 OF 2022 KRUSHNA SHIVAJI SOMASE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Narendra D. Sonavane APP for Respondent / State : Mr. A. A. Jagatkar ...

CORAM :

S. G. MEHARE, J.

DATE :

24-06-2022 PER COURT :- 1.

Heard the learned counsel for the applicant.

2.

The learned counsel for the applicant would submit that the material investigation is over. The weapon allegedly used in the crime has also been seized. The applicant is bread winner of the family and trial may take time. Hence, the applicant may be released on bail.

3.

Per contra, the learned A.P.P. for the respondent/State would submit that the applicant has continuously assaulted to two to three persons and caused them serious injuries. The postmortem report shows the brain deep injuries on right parietal area, chop injuries on incised injury on right parietal area, and all these injuries were caused by sharp weapon. He would point out that a specific report has been lodged against the applicant that the

915-BA-496-22.odt applicant has used axe and caused the serious injuries. One Shevantabai succumbed to the injury caused in the assault at the hands of the present applicant. A strong prima facie case is against the applicant. Looking to the aggression, the applicant may again commit the same type of offence and pressurize the witnesses under the terror. Hence, the applicant is not entitled to bail.

4.

The first information report and the postmortem report corroborate each other. The applicant was most aggressive. He was assaulting the persons one after another. Various serious injuries were caused to the deceased and another. There is prima facie strong material against the applicant. The offence is grievous. Hence, the applicant is not entitled to bail. Therefore, the application stands dismissed.

( S. G. MEHARE ) JUDGE rrd