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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.N.Laddha
Masud Khan Kamal Khan @ Masud Ganjawala – Appellant
Versus
State Of Maharashtra – Respondent
Judgment :
R.N. Laddha, J.
1. By this application the applicant seeks bail in connection with CR No.146 of 2024, registered at Malegao City Police Station, Nashik, for offences punishable under Sections 302 , 307 read with Section 34 of the Indian Penal Code ( IPC ), Sections 3 (25), 5(27), 7(27)(3) and 7(25)(1- AA ) of the Arms Act, and Sections 37 (1), 37(3) r/w 135 of the Maharashtra Police Act, 1951.
2. The informant states that on 09 May 2024, between 9:00 and 9:30 PM, the applicant was arguing with Firoz Ganjawala outside the informant’s house. Since rituals were underway due to the recent death of the informant’s father, the informant asked them not to quarrel. At that time, the applicant fired a country made pistol at Firoz Ganjawala, but the bullet mistakenly struck the informant, causing serious injury. The informant was first taken to Civil Hospital, Malegaon, then to Shifa Hospital until 12 May 2024, and later shifted to Sunflower Hospital, Nashik, where he succumbed to his injuries on 14 May 2024.
3. The learned Counsel appearing on behalf of the applicant submits that the genesis of the present alleged incident, according to the prosecution, lies in a business related di
At the bail stage, the court focuses on the existence of a prima facie case and the circumstances justifying detention, not the detailed evidence, allowing bail in cases lacking intention to harm.
The determination of whether an injury can be classified as grievous is crucial in assessing the severity of the offense and the need for custody.
The court emphasized that criminal antecedents and factual circumstances of alleged offences influence bail decisions.
Granting of bail based on vague allegations and lack of specific details in the FIR, in consideration of the granting of anticipatory bail to co-accused.
Rejection of bail – Intention to kill - Petitioner had fired a pistol shot on him with an intention to kill him and in this background, petitioner cannot claim parity with other accused for bail.
The court held that bail can be granted considering the nature of injuries and circumstances surrounding the case.
The judgment emphasizes the importance of evidence credibility and bail conditions amid serious allegations.
Granting bail based on the circumstances of the case, including the nature of the injury, absence of criminal antecedent, and existence of a counter case.
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