AMITKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicant seeks bail under Sec. 12(1) of the Juvenile Justice Act, 2015 (the JJ Act).

(2.) Pursuant to the FIR lodged by Gulam Rabbani Shamim Khan, C.R.No.54/2018 came to be registered with Jogeshwari Police Station, Mumbai for offences punishable under Sec. 302, 397 of the Indian Penal Code and Sec. 37(1) and 135 of the Maharashtra Police Act. The facts narrated in the FIR prima facie reveal that on 10/04/2018, at about 02:00 p.m., the first informant was informed that his brother, Ghulam Jabir Khan was admitted in the hospital. He went to the hospital and learnt that his brother was assaulted by an unknown person for unknown reason. He, therefore, lodged the FIR against an unknown person for attempting to commit murder of his brother. The Applicant came to be arrested on 12/04/2018 on the basis of the CCTV footage. The injured - Ghulam Jabir Khan expired on 14/04/2018. Hence, Sec. 302 of the Indian Penal Code came to be added.

(3.) Upon completion of the investigation, charge sheet was filed before the Metropolitan Magistrate, 10 th Court, Andheri. The offence being sessions triable, the case was committed to the Sessions Court, Dindoshi and the same is registered as Sessions Case No.241/2018. The Applicant filed a bail application before the learned Sessions Judge under Sec. 439 of the Cr.P.C., which came to be rejected on 25/02/2019.