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Bombay High CourtBA/754/2015others disposed off

Atul @ Bappu Ajinath Patil v. The State Of Maharashtra

2015-08-21Hon'Ble Justice Revati Mohite Dere2 pages

ba.754.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 754 OF 2015 Atul @ Bappu Ajinath Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. V. S. Agarwal for the Applicant Mr. S. S. Pednekar, A.P.P for the Respondent-State Mr. Sachin Deokar for the original Complainant CORAM : REVATI MOHITE DERE, J.

FRIDAY, 21 st AUGUST, 2015 P.C. :

1.

Heard learned Counsel for the applicant, the learned A.P.P and the learned Counsel appearing for the original complainant. 2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. I-150 of 2014 registered with the Karmala Police Station, Solapur, for the alleged offences punishable under Sections 302, 341, 323, 504, 506 of the Indian Penal Code, 1870. 3.

The incident in question has taken place on 21st May, 2014 at about 8:30 a.m. According to the prosecution, the deceased was assaulted SQ Pathan 1/2

ba.754.15.doc in broad daylight by the present applicant with a knife. The said incident was witnessed by the son of the deceased and others. It is alleged that the applicant had borrowed Rs. 10,000/- from the deceased and as the deceased was demanding the same, the present incident took place. 4.

Perused the charge-sheet. The first information has been lodged by the son of the deceased, who is also an eye-witness to the said incident. He has categorically stated that the applicant assaulted the deceased in his chest and stomach with a knife. The post-mortem report shows that the deceased suffered as many as twelve sharp cutting stab injuries. The said statement of the son who is the eye-witness, is corroborated by the other eye-witnesses.

5.

Considering the nature of evidence, this is not a fit case to enlarge the applicants on bail. Hence, application is rejected. The trial of the applicant is expedited.

REVATI MOHITE DERE, J.

SQ Pathan 2/2