← Library
Bombay High CourtBA/1168/2018rejected

Pappu @ Pankaj S/O. Rupchand Gade (In Jail) v. The State Of Maharashtra Thr. P.S.O., P.S. Ramtek, Tah. Ramtek,

2019-01-07Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

ba1168.18.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.1168 OF 2018 (Pappu @ Pankaj s/o Rupchand Gade Vs. State of Maharashtra thr. PSO PS Ramtek, Tah. Ramtek, Dist. Nagpur) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri U.P. Dable, Advocate for Applicant.

Shri B.M. Lonare, APP for Respondent/State.

CORAM: M.G. GIRATKAR, J.

DATE: 7 th JANUARY, 2019.

Heard Advocate Shri Dable for the applicant. He has submitted that there is a contradictory statement. The wife of complainant not stated about the presence of complainant on the spot. He has submitted that applicant had no intention to kill the deceased. The applicant is in jail from 26.03.2018. Charge-sheet is filed before the Court. He has pointed out medical certificate and submitted that the injuries were not so serious and, therefore, prayed to grant him bail.

APP Shri Lonare strongly objected the application and he has pointed out affidavit-in-reply filed and submitted that beating by the applicant is recorded in CCTV camera having shown the direct involvement of the applicant. Learned counsel for the applicant has pointed out contradiction. This is not a stage to look into the contradictions and omissions. It is a stage during the trial.

ba1168.18.O.odt 2 The wife of the complainant not stated during her statement that her husband was not present. The name of the applicant is stated by the complainant and his wife also. He is the main accused. The charge-sheet is filed. As per the injury certificate deceased has sustained head injury. P.M. report is not filed on record. The probable cause of death may be head injury. Charge-sheet is already filed on record. Hence, the application is rejected.

JUDGE NSN