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सोमवार, 4 जुलाई 2022

MURDER ACCUSED RELEASED ON REGULAR BAIL

MURDER ACCUSED RELEASED ON REGULAR BAIL


Nagpur Zafar khan ✍️
Justice Anil Kilor grated regular bail to Lucky son of Ramprasad Vishvakrama resident of Gondia. Lucky son of Ramprasad Vishvakrama was arrested for the offenses punishable under sections  302, 34 Of Indian Penal Code And Sections 04, 25 Of Arms Act Vide by the PS Gondia CIty on the report lodged by the mother of the deceased Sau. Shahenaz Rashid Khan.

The case of the prosecution is that, on 01 august 2020 at about 21.00 accused Jaideep Yadao and the present applicant along with one Dharmanshu Raut assaulted the deceased Imran Khan by stone and knife by stating that the deceased had killed his father of Jaideep Yadao. Accrued Jaideep Yadao had assaulted the deceased on his head by the means of a big stone and at the same time, the present Applicant took out his knife and assaulted the deceased on his chest and abdomen. Another accused assaulted the deceased Imran Khan on his head by a stone. Thereafter the relative of the deceased took him to the hospital where Imran Khan was declared dead

It was submitted that, as the co-accused Jaydeep Yadao was granted bail by this Court vide order dated 05.july.2021 in Criminal Application (ABA) No.512 of 2021. Furthermore, the charge sheet has already been filed, thus, the custody of the applicant is not necessary.

While allowing the regular bail, court observed as under-

4. I have perused the charge sheet, the contents of the First Information Report (FIR) and the order of this Court dated 05.july.2021, granting bail to the co-accused Jaydeep. 5. The Post Mortem Report (PM Report) suggests the injury No.1, 2, 4 and 9 were individually sufficient in the ordinary course to cause the death. The cause of death mentioned is ‘injury to vital organs’. As far as injury No.9 is concerned, it was caused because of the applicant, whereas, injury Nos.1, 2 and 4 were caused because of the co-accused Jaydeep. Thus, from PM Report prima facie it appears that the injuries caused because of co-accusd Jaydeep and the present applicant, was the cause of death of the deceased. 6. This Court has already granted bail to the co-accused Jaydeep. In the above referred backdrop, therefore, it cannot be said that the case of the applicant is different than the case of the coaccused Jaydeep. 7. Moreover, there are no criminal antecedents to the discredit of the applicant and as the investigation is over and the charge sheet has already been filed, further custody of the applicant is not necessary. Thus, I am of the opinion that the applicant is entitled for bail on parity by putting some stringent conditions, as imposed while granting bail to the co-accused Jaydeep.

Adv Mir Nagman Ali appeared for Lucky son of Ramprasad Vishvakrama. Adv Mir Nagman Ali,
Bombay High Court, Nagpur Bench, Nagpur