BABLU RAM SAHANI DUBEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) One lady by name Sunayana @ Rohini Mhadgun, residing at Kokani Pada, Malad (East), Mumbai, had gone to fetch her son, aged 3 years, from the school on 15-10-1994 and while returning near public tap 3 persons came in front of her. One of them, who is subsequently disclosed as Brijesh caught hold of her neck with a view to snatch golden ornament. The lady caught hold of the man and started shouting. As such, 2 complaint of Brijesh, viz, the present petitioner and Asaram Chavan went forward and petitioner caught hold of both the hands of Rohini from backside and Asaram tried to caught hold of her leg and further she continued shouting. Thereupon petitioner and Asaram gave knife blows on her chest and she was, therefore, injured. The person, who snatched her golden chain was about to run away and by that time, a passerby came to her rescue and caught hold of Brijesh and at that time, the petitioner is alleged to have given knife blows on his head. Even then, the passerby did not leave Brijesh and thereupon, Asaram fired a shot from his pistol. However, some other persons chased the miscreants and Brijesh was caught hold while he was running away. On the same day, petitioner and Asaram came to be arrested. The petitioner had applied for grant of bail to the Sessions Court, Mumbai, but his application came to be rejected.

(2.) Shri Karanjkar for the petitioner submitted that no doubt there is strong prima facie case against the petitioner, viz he has been identified in the parade held for that purpose and there is also recovery of Pendal from him. He also submitted that the offences registered against the petitioner are under sections 392, 394, 397 or 307 of the I.P.C. However, petitioner is in jail since 15-10-1994 and therefore, he should be granted bail.

(3.) Having regard to the above facts, I find this to be not a fit case to grant bail. Accordingly, application is rejected.