Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N. JADHAV, J
Tejas Shamsunder Shinde – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. incident details and background (Para 2) |
| 2. details of the victim's condition (Para 3) |
| 3. applicant's actions before incident (Para 4 , 5) |
| 4. details of the altercation (Para 6) |
| 5. confession and aftermath (Para 8) |
| 6. prosecution's objections (Para 9) |
| 7. defense's arguments (Para 10 , 11 , 12) |
| 8. court's consideration of facts (Para 13 , 14) |
| 9. court's reasoning on provocation (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 10. bail granted with conditions (Para 26 , 27 , 28 , 29 , 30 , 31) |
JUDGMENT :
[MILIND N. JADHAV, J.]
1. Heard Ms. Pai, learned Advocate for Applicant and Ms.Ganapathy, learned APP for Respondent – the State of Maharashtra.
2. This is an Application by Applicant who is 20 years old under Section 439 of Code of Criminal Procedure , 1973 (for short ‘Cr.P.C.’) seeking Bail in connection with C.R. No.48 of 2023 registered with Tilak Nagar Police Station, Dombivali (East), Kalyan indicted for offence punishable under Section 302 of the Indian Penal Code , 1860 (for short ‘ IPC ’).
3. The victim in the present case is the Applicant’s own father who was about 69 years old on the date of the incident. The incident happened on 22.02.2023 at about 05:00 p
The court emphasized rehabilitation over punishment for young offenders, allowing bail based on the applicant's age, educational background, and circumstances of the incident.
The court emphasized rehabilitation over punishment for young offenders, allowing bail based on the Applicant's age and circumstances surrounding the incident.
The court emphasized rehabilitation over punishment for young offenders, allowing bail to promote education and prevent recidivism.
The court emphasized a reformative approach for young offenders, prioritizing rehabilitation over punitive measures, especially in cases involving serious allegations against minors.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation, particularly in cases involving minors.
Pending preliminary assessment, possibility of tampering with evidence, and influencing witnesses are valid reasons for dismissing a bail application, and the custody period and lack of progress in t....
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
Bail for juveniles under Section 12 of the J.J. Act cannot be denied based solely on the seriousness of the offence; concrete grounds are required to support denial.
The court emphasized that the seriousness of the offence cannot solely justify denial of bail for a child in conflict with law, prioritizing rehabilitation and accurate reporting by the Probation Off....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
