Advocates:
['R M DAGA', '', 'F N HAIDARI', 'B N HAIDARI', 'C S BHUTE', 'S S JAKHAD']

14BA 1258.2020

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1258 OF 2020

(Ajay s/o Ramkhilawan Yadao, Amravati Vs. State of Maharashtra)

__________________________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court'

s orders of directions

Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri R.M. Daga, Advocate for the applicant.

Shri H.D. Dubey, A.P.P. for the respondent.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 06, 2021.

Heard.

2]

This is an application for grant of bail in

Crime No. 704/2020 dated 30/07/2020 registered at

Police Station, Frezarpura, District - Amravati for the

offences punishable under Sections 302, 324, 341,

143, 147, 148, 149, 294, 504 and 506 of the Indian

Penal Code, 1860.

3]

The allegation against the present

applicant, as per the prosecution case, is that he

along with three other co-accused committed murder

of the deceased Kanhaiyya Lidia by means of an axe.

4]

It is stated that the cause of murder is the

dispute between the applicant and the deceased with

regard to stanch smell coming from the cattle shed,

owned by the present applicant. It is further stated

14BA 1258.2020

2

that while the deceased was going on a motorcycle,

at some distance from his house, the applicant,

armed with an axe, and that three other co-accused,

armed with wooden rods, intervened and stopped

the deceased, and started assaulting him on all over

his body.

5]

The specific role attributed to the present

applicant is that he assaulted the deceased with axe

on his head and also on other parts of his body. The

cause of death, as per the postmortem report, is head

injury.

6]

Shri Daga, learned counsel for the

applicant, vehemently submitted that all other co-

accused, who also allegedly participated in assaulting

the deceased on head, have been released on bail by

the trial Court. He further submitted that the

postmortem report does not show any stab injury

caused by means of an axe.

7]

I have perused the MLC report. Dr. N.S.

Solanke, who examined the deceased on 30/07/2020

at District Hospital, Amravati, noticed following

injuries :-

i)

Lacerated wound of grievous nature of

size 3 X 2 X 1 cm over left parietal region.

14BA 1258.2020

3

ii)

Abrasion of moderate nature of 4 X 2 cm.

The inquest panchanama shows wound on

the middle portion of head of size 4 cm, having two

stitches.

The postmortem report also reflects

stitched wound towards left parietal region, and

diffuse scalp hemorrhage of size 60 meter over side

skull. The contention that this injury is surgically

intervened, cannot be accepted.

8]

There are eye-witnesses to the incident.

The incident is not the outcome of a sudden quarrel,

rather it appears that it is a premeditated plan. The

present applicant appears to be the main accused.

9]

In the given facts, so also considering the

role attributed to the present applicant, this Court is

of the opinion that he does not deserve parity. Hence,

the application is rejected.

JUDGE

Sumit