Bombay High Court
Sanjay @ Ranjit Babulal Kulal vs The State Of Maharashtra on 25 November, 2019
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
20-ba-2791-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.2791 OF 2019
Sanjay @ Ranjit Babulal Kulal ..Applicant
V/s.
The State of Maharashtra .. Respondent
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Mr.Ammar I. Nizami i/by Mr.Tamsil Momin for the Applicant.
Mrs.Rutuja Ambekar, APP for the Respondent-State.
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CORAM : SANDEEP K. SHINDE, J.
DATE : 25th NOVEMBER 2019 P.C.
1. The applicant is accused in the Sessions Case No.93 of 2019 arising out of the Crime No.151 of 2018 registered with Ulhasnagar Police Station for the offences punishable under Sections 307, 341, 342, 143, 147, 148 and 149 of the Indian Penal Code and Sections 4 and 25 of the Arms Act.
2. On 20th June 2018 at 8.30 a.m. motorcycle of the injured was intersepted by the present applicant and thereafter, he was taken forcibly in the nereby lane. One of the accused thrown chili powder to facilitate others to assult him. The injured was assulted by the applicant's father by sickle on his head. It is alleged, N.S. Kamble page 1 of 2 ::: Uploaded on - 26/11/2019 ::: Downloaded on - 27/11/2019 00:14:06 ::: 20-ba-2791-2019 the applicant instigated his wife to pour kerosene on the injured. Evidence shows that one Suraj reported this incident to wife of the applicant. The statement of the Suraj under Section 164 of the Cr.P.C. has been recorded attributing the role to the present applicant. Evidence also shows that the injured was detained in the injured condition for more than one hour in the house of the applicant's father Babulal. Major role is attributing to Babulal. Panchnamma drawn by the police corroborates this, fact. Injured was rescued by the police. The police smelled kerosene on the spot. Two accused in the subject crime are absconding. There are statement of eye witnesses, attributing the role of the present applicant.
3. The learned counsel for the applicant submits two accused are released on bail; besides applicant's wife is also released on bail. However, prima facie the role attributed to this applicant is a different than the role attributed to the accused, who are released on bail. Overtacts spelt out in the complaint and statements of eye witnesses, disentitles the applicant to seek the bail. Application is therefore rejected.
(SANDEEP K. SHINDE, J.)
N.S. Kamble page 2 of 2
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