Bombay High Court
Bhanudas S/O. Sitaram Lokhande vs The State Of Maharashtra on 12 February, 2019
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
ba 100 19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
BAIL APPLICATION NO. 100 of 2019.
Bhanudas s/o Sitaram Lokhande,
Age 55 years, Occ. Private Service,
(Security Supervisor) r/o Near
railway gate No. 56, Mukund Nagar,
Aurangabad. ... Applicant.
Versus.
The State of Maharashtra. ... Respondent.
...
Mr. Ghanekar Nilesh S., Advocate for applicant.
Mr. S. D. Ghayal, APP for respondent-State.
CORAM : MANGESH S. PATIL, J.
DATE : 12.02.2019
PER COURT :
. The applicant is seeking bail in connection with Crime No. I-
240/2018 registered with City Chowk Police Station Aurangabad for
the offence punishable under section 302 of the Indian Penal Code
after filing of the charge-sheet.
2. Shortly stated the prosecution case is to the effect that the
applicant was serving with a Transport Office. On 27.08.2018 in the
afternoon the deceased arrived there and asked the applicant to come
along. When the latter refused the deceased tore apart the seat of the
applicant's scooter with a knife. The applicant got annoyed and pushed
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the deceased. Thereafter they indulged in a scuffle wherein the
applicant pushed him to the ground and kicked him two to three times
on the chest. As a result the deceased is alleged to have sustained a
vital injury to the left lung and died as a consequence instantaneously.
The matter was reported to police. The crime was registered. The
applicant was arrested on 25.09.2018 and is now claiming bail after
filing of the charge-sheet.
3. The learned advocate for applicant submits that it was a one
of an incident. There was no motive at all. The deceased had arrived
and was seem to be an aggressor in as much as on a refusal by the
applicant to oblige him the deceased had torn apart the seat of the
applicant's scooter. The learned advocate would further submit that no
weapon was used. It is only in rage of moment that the applicant
seems to have kicked the deceased without any intention much less of
causing death. He would point out from the postmortem examination
report that no serious injury was sustained by the deceased on the
external side. It is only because of fracture of a rib that the lung was
punctured and it was the cause of death. There are no criminal
antecedents. Investigation is already over. There is no possibility of
applicant tampering the evidence or influencing the witnesses. He is
ready to abide by all the conditions and may be granted bail.
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4. Learned APP opposes the application. He submits that there
are eye witnesses. The applicant has assaulted the deceased. He has
kicked the deceased on the vital part of the body. The offence is
punishable up to death. Releasing the applicant on bail is likely to
prejudice the trial. The application may be rejected.
5. It is true that there are eye witnesses in the form of office
incharge of the Transport Office Mr. Nanasaheb Khairnar, a tea stall
owner Indubai Jadhav and a pan stall owner Shaikh Babu as well as
couple of more shop owners and labourers who have all seen the
incident and have uniformly narrated it in the manner mentioned
herein above. They have consistently stated about the deceased having
torn apart the seat cover of the applicant's scooter. The deceased was
carrying a knife. It was also found lying at the spot. Thereafter the
applicant seems to have beaten the deceased with the kicks. Going by
the manner in which the incident is alleged to have occurred, it is
apparent that it was merely in a heat of moment that the applicant
seems to have assaulted the deceased. No weapon was used. He has
kicked the deceased and one such kick seems to have targeted the lung
portion. In all probability the incident has taken place on the spur of
moment. There is no question of any pre-meditation.
6. Considering all these aspects, when a single injury on a chest
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that too by a kick has resulted in causing death, the applicant deserves
to be released on bail. Hence I pass following order.
ORDER
(i) The application is allowed.
(ii) Applicant be released on bail on his executing
personal recognizance for an amount of Rs. 25,000/- and on furnishing a solvent surety in the like amount subject to the following conditions :
(a) He shall not tamper the evidence or influence the witnesses.
(b) He shall attend the trial punctually.
(iii) Bail before the trial court.
(iv) It is made clear that the observations made herein above are confined to the decision of this application and the learned Trial Judge shall not feel influenced by them.
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