The Bombay High Court has granted bail to a man who fatally stabbed his elder brother following a scuffle after the latter lost Rs 1.40 lakh in stock market.
While granting bail to Malegaon-resident Manthan Dhulap, the high court observed that the incident occurred in a “spur of the moment and on grave and sudden provocation”.
“It is clear that the deceased had started assaulting the applicant (Dhulap) with fist and kick blows and thereafter, due to sudden provocation, the incident had occurred,” noted Justice Madhav Jamdar on February 1.
According to the prosecution, Dhulap's elder brother borrowed money from him and his mother claiming that he wanted to start a footwear business. On October 28, 2022, Dhulap inquired about the business, he said that he had invested in the stock market and lost all the money. His brother then started assaulting Dhulap on his chest. Due to sudden provocation, Dhulap retaliated and assaulted his brother with a knife, who succumbed to the injuries. Dhulap was arrested three days later.
Dhulap’s advocate Satyavrat Joshi argued that the incident occurred due to grave and sudden provocation. Joshi also pointed out to the court Dhulap, who had been married only a few months before the incident, has been in custody since October 31.
State advocate SS Kaushik opposed the plea saying that Dhulap had used a knife to assault his brother.
Justice Jamdar, however, noted that the chargesheet relieved that the incident occurred in the heat of the moment. Also, as per the chargesheet 17 witnesses are to be examined, and the trial is expected to take a considerable amount of time to conclude, the judge added.
The court has directed his release on furnishing a personal bond of Rs25,000. He has been directed to attend the local police station and not to tamper with the evidence to contact the witnesses. He has also been directed to attend the trial regularly and not to seek unnecessary adjournments.
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