Bombay High Court
Sahil Ajmat Kalsekar vs The State Of Maharashtra on 26 October, 2016
Bench: V.K. Tahilramani
6. cri appa 1202-16.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1202 OF 2016
IN
CRIMINAL APPEAL NO. 645 OF 2016
Sahil Ajmat Kalsekar .. Applicant
Versus
State of Maharashtra .. Respondent
...................
Appearances
Mr. Prosper D'Souza Advocate for the Applicant
Mr. H.J. Dedia APP for the State
...................
CORAM : SMT. V.K. TAHILRAMANI &
MRS. MRIDULA BHATKAR, JJ.
DATE : OCTOBER 26, 2016.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
1. Heard both sides. Learned APP has handed over a
report of P.S.I., Ratnagiri Rural Police Station in which the
details of the cases in which the applicant is involved are
stated. The said report is taken on record and marked "X"
for identification.
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6. cri appa 1202-16.doc
2. By Judgment and Order dated 13.7.2016 passed by the
learned Additional Sessions Judge, Ratnagiri in Sessions Case
No. 28 of 2015, the applicant has been convicted under
Sections 307, 353, 332 and 506(2) of IPC. For the offence
under Section 307 of IPC, the applicant has been sentenced
to life imprisonment. Being aggrieved by the said Judgment
& Order, the appellant has preferred Criminal Appeal No. 645
of 2016 which is pending. The applicant is now seeking bail.
3. The informant, PW 1 Uday Waje was a Police Naik. In
Regular Criminal Case No. 1/2010 and 11/2010, learned
J.M.F.C., Chiplun had issued non bailable warrants against
the applicant, hence, the informant who is also the injured
witness and another police constable were in search of the
applicant. The applicant has a police record and he was
involved in various cases including another case under
Section 307 of IPC which is C.R. No. 72 of 2012 of Chiplun
Police Station. In addition, the applicant is involved in ten
other cases which are pending.
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4. The incident occurred on 12.7.2015. The informant
PW1 Uday Waje and the police constable Pravin Barge (PW 5)
were patrolling in Konkan Agar Area, Ratnagiri. At that time,
they received secret information that the applicant is
wandering suspiciously in M.I.D.C. Area, hence, the informant
PW 1 Uday Waje and police constable Pravin Barge went to
the said area. At about 10.15 a.m., they saw the applicant
walking near Finolex College, therefore, they went towards
the applicant. On seeing them, the applicant started
running, hence, the informant Uday Waje started chasing on
one side and police constable Pravin Barge started chasing
the applicant from other side in order to nab him. When they
reached near applicant, the applicant told them that if they
nab him, he would kill them. The applicant continued
running and while running, he started pelting stones on Uday
Waje and Pravin Barge. Uday Waje eventually nabbed the
applicant by hugging him. The applicant then started
scuffling with informant and he bit the informant Police Naik
Uday Waje with his teeth on the left arm, finger of hand, left
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side of chest, right arm, right palm and thumb. Because of
this, Uday Waje sustained injuries and fell on the ground. At
that time, the applicant picked up one big stone and shouted
that now he would kill him. Uttering these words, the
applicant, with intent to kill Police Naik Uday Waje, threw the
stone on the head of Uday Waje, however, Uday Waje
avoided the stone. The stone hit Uday Waje on the leg due
to which he sustained injury. This incident was witnessed by
PW 5 Police Constable Pravin Barge.
5. Looking to the facts of this case and the fact that there
are other cases pending against the applicant, one of which
is also under Section 307 of IPC and another case which is
under Section 353 of IPC, we are not inclined to grant bail to
the applicant, hence, the application for bail is rejected.
[ MRS. MRIDULA BHATKAR, J ] [ SMT. V.K. TAHILRAMANI, J. ]
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