Siddhappa Bhimappa Shivgond v. State Of Maharashtra

(37)-BA-2563-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2563 OF 2024 Siddhappa Bhimappa Shivgond ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Ms. Shubhada Khot, for the applicant.

Mr. Pankaj Deokar, APP, for the Respondent/State. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.08.07 14:07:13 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

6TH AUGUST, 2024.

PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.118 of 2023, registered with Vita Police Station, Sangli, for the offences punishable under Sections 307 and 504 of the Indian Penal Code. 3.

The learned counsel for the applicant submits that the incident took place on a spur of moment and in a fit of anger but there was no such intention. She submits that as the investigation is completed and the charge-sheet has been filed. Considering the fact that the applicant is in jail from last more than 1 year, he may be varsha

(37)-BA-2563-2024.doc granted bail.

4.

Having considered the charge-sheet and the material collected by the IO, it is evident that in the post-morterm report 35 injuries were found on the person of the deceased. Even considering the allegations made in the FIR, it is evident that he gave blow by the weapon on the head of the deceased repeatedly. Thus number of injuries and the role attributed to the applicant do not indicate that there was no intention as argued by the learned counsel for the applicant.

5.

Since there are eye-witnesses and considering the seriousness of the offence, I am not inclined to grant bail. Accordingly, it is rejected.

(ANIL S. KILOR, J) varsha