Hanumant Sadashiv Dhekane v. The State Of Maharashtra

criap3460.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3460 OF 2016 Hanumant Sadashiv Dhekane ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr S. A. Wakure, Advocate for applicant;

Mr A. S. Shinde, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 27th July, 2016 ORDER :

The applicant is seeking his release on regular bail, in connection with Crime No. 16 of 2016, registered with Dhoki Police Station, Dist. Osmanabad, for offence punishable under Section 307 of the Indian Penal Code.

2.

The applicant-accused is cousin brother-in-law of the victim Neeta. 3.

The prosecution case is that the accused called Neeta in farm and demanded sexual intercourse, which act was resisted by victim Neeta, as such present applicant assaulted her by sickle on her legs and hands, as a result right leg below knee was amputated and she also suffered multiple injuries.

4.

While trying to make out a case for grant of regular bail, learned

criap3460.16 (2) Counsel appearing on behalf of the applicant made two-fold submissions: (a) that as the charge-sheet is filed, investigation in the matter is complete and further detention of the applicant is not necessary in crime in question.

(b) that there are no injuries on vital part of the body of victim Neeta. 5.

Having perused the investigation papers, prima facie, it is noticed that there is sufficient material available on record to connect present applicant to the crime in question. There is strong prima facie evidence which speaks involvement of the applicant in the present crime. 6.

Apart from above, the injury certificate depicts that one of the legs below knee, of the victim Neeta was amputated by the present applicant, which indicates gravity of the offence and attraction of the ingredients of Section 307 of the Indian Penal Code against applicant. 7.

In the above background, in my opinion, no case for grant of regular bail made out. Application fails and same stands rejected. (N.W. SAMBRE, J.) sjk