Shravan Shyamsundar Daima v. State Of Maharashtra

(39)-BA-4124-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4124 OF 2023 Shravan Shyamsundar Daima ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Nilesh Mane with Dnyanesh Patil i/by Aditya Raktade, for the applicant.

Mr. Pandurang H. Gaikwad, Patil, APP, for the Respondent/State. ---------------------

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

28TH JUNE, 2024.

VARSHA DEEPAK GAIKWAD Date: 2024.07.01 14:31:06 +0530 PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 0050 of 2022, registered with Shivaji Nagar Police Station for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short, 'IPC').

3.

The learned counsel for the applicant submits that since the charge-sheet has been filed, the applicant may be released on bail. It is submitted that he is in jail from last 2 years and he has been falsely implicated in the alleged offence.

varsha

(39)-BA-4124-2023.doc 4.

On the other hand, the learned APP strongly opposed the application and pointed out that the offence is very serious and there are eyewitnesses to the incident who have attributed a specific role of the applicant. Moreover, there are antecedents and bloodstained clothes were recovered from the applicant.

5.

Having considered the submissions made by both the parties and I have gone through the charge-sheet and the material collected by the IO during the investigation, it is evident that 7 injuries were found on the person of the deceased and he died due to hemorrhagic shock due to stab wound. There is sufficient evidence that the applicant is the author of the said stab wound. 6.

In the circumstances, considering the recovery and statement of eyewitnesses, I am not inclined to grant bail. Accordingly, the application is rejected.

(ANIL S. KILOR, J) varsha