Bombay High Court
APPLN/4581/2008 of JAYAKUMAR AMBALINGAM HARIJAN AND ORS. Vs THE STATE OF MAHARASHTRA AND ANR. on 26 December 2008
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4581 OF 2008 IN SESSION CASE NO.696 OF 2008 IN Cr.NO. 108/2008 1. Jayakumar Ambalingam Harijan & Ors. .. Applicants. (Org.Accused) V/s. The State of Maharashtra & Anr. .. Respondents. ---
1. Jayakumar Ambalingam Harijan & Ors. .. Applicants.
(Org.Accused)
The State of Maharashtra & Anr... Respondents.--- Mr. S.K.Raj for the Applicants.
Mr. J.P.Yagnik, APP for the Respondent-State.
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1. This application is for bail under section 439 ofthe Cr.P.C..
2. Heard learned Advocate for the applicants andlearned APP for the State.
3. The application is filed after the chargesheet hasbeen served and that the charge is framed. The trial is inprogress as per the statements of both the sides. Thelearned Advocate for the applicant would submit that on 11th December, 2008 other two accused namely, Ambalingamand Gunasekar have been directed to be released on bail.
4. A copy of the bail order rendered by this court(Hon’ble Bhosale,J) is made available. It appears that theother two accused have been directed to be released on bailfor the reasons that no overact was attributed to theaccused Ambalingam and Gunesekar was not named asassailant. Needless to say that the relief was granted tothem on prima facie material which indicated that they maynot be guilty of the serious charge of causing death of thevictim.
5. The incident of assault occurred on 13.07.2008 at11.30 a.m.. The deceased-Nandmukar Harijan was allegedlyassaulted by means of a iron road, iron pipe and a cricketstump by the applicants. The victim died on 17.07.2008.
6. The learned Advocate for the applicants submitsthat the post-mortem notes go to show that the deceased hadobtained discharge from J.J.Hospital and had subsequentlybeen admitted in a private hospital. The copy of the P.M.notes would show that the deceased died as a result ofcomplications caused on account of the alleged assault.The presence of injuries on the person of the deceased isshown in column no.17 of the P.M.note.
7. It appears that there took place previous incidentquarrel between the applicants and the deceased. The priorenmity between them is brought on the surface of therecord. It also appears that while the deceased NandkumarHarijan was running towards police station, he was given achase. Considering the prima facie material on the recordand the fact that there are eye witnesses as to theincident and further that the trial has already commended,I am not inclined to grant the bail application in view ofseriousness of the offence. The trial court, however,shall expedite the hearing and make an attempt to completethe trial within a period of four months.
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