Mumbai, April 25, 2024 – Ranjit R. Kahar’s bail application has been rejected by the Additional Sessions Judge Dr. A. A. Joglekar (Court Room No. 37) in connection with C.R. No. 41 of 2024 registered at Kalachowki Police Station. The offenses registered are under Sections 307 (attempt to murder) and 323 (voluntarily causing hurt) of the Indian Penal Code (IPC). The order was issued on April 24, 2024.

Background and Allegations:

The prosecution’s case is that on February 14, 2024, at approximately 9:30 p.m., the complainant and his friend Akshay were consuming beer when they witnessed the applicant/accused assaulting their friend Mahesh Shelar. When the complainant and Akshay intervened, a scuffle ensued. The applicant/accused allegedly assaulted the complainant on the chest and Akshay on his stomach, chest, and hands, causing severe injuries.

Arguments Presented:

• Applicant’s Argument:
  • The applicant/accused was falsely implicated.
  • The investigation was concluded, and recoveries were made.
  • He has been in custody for two months, and no further recoveries are needed.
  • The incident occurred in the heat of the moment.
  • The victim and the applicant/accused are acquainted.
  • The victim has been discharged from the hospital.
  • Further custodial detention is unnecessary.
• Prosecution’s Argument:
  • The applicant/accused was the main perpetrator.
  • He committed a serious bodily offense.
  • The injuries sustained by the complainant and his friend were serious.
  • The applicant/accused has a criminal antecedent.
  • There is a possibility of him tampering with evidence and threatening witnesses.
  • The charge sheet has not yet been filed.

Court’s Reasoning and Decision:

Judge Joglekar considered the arguments and the evidence presented. The court made the following observations:

• The applicant/accused admitted that the incident occurred in the heat of the moment, which the court found to be an admission of involvement.
• The prosecution presented evidence of the applicant/accused having a criminal antecedent, indicating a tendency to consume narcotic drugs, which the court found to have contributed to the commission of the present crime.
• The court emphasized that while deciding a bail application, it must determine if a prima facie case exists, without conducting a full trial.
• The court considered the serious bodily offense and the medico-legal evidence, which indicated the accused’s mental state while committing the crime.
• The court determined that there was a possibility of the applicant/accused tampering with evidence.
• The criminal track record of the accused was taken into account.
• The investigation was still in progress and the charge sheet was not yet filed, so granting bail would hinder the investigation.
• The court found that the application did not warrant consideration.

Order:

Bail Application No. 1011/2024 was rejected.

Order Details:

The order was dictated on April 24, 2024, transcribed on April 24, 2024, and signed on April 25, 2024. The certified copy was uploaded on April 25, 2024, at 5:14 p.m.

This decision reflects the court’s consideration of the seriousness of the offense, the applicant/accused’s criminal antecedents, the ongoing investigation, and the potential for tampering with evidence.