Allowed

Amey Pandurang Kurade v. the State of Maharashtra

Bombay HC11 Apr 2005APPLN/2285/2005

Case brief

AI extract

What is this about?

The High Court of Bombay granted bail to an accused person who was in custody for over a month due to the inability to hold a test identification parade. The applicant, alleged to be the mastermind and presence of whose items were found in a crime, was released on personal bond with local sureties subject to conditions including regular reporting and non-interference with witnesses.

What the court decided

AI extract

Amey Pandurang Kurade Vs the State of Maharashtra — Bail and Remand | Bombay HC (2005)

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HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 2285 OF 2005.

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 Amey Pandurang Kurade.

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...Applicant.

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V/s.

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State of Maharashtra.

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...Respondent

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Shri A.S.Khandeparkar, for applicant.

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 Shri K.V.Saste, APP for respondent.

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CORAM: A.M.KHANWILKAR,J
DATE : APRIL 11, 2005

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P.C. :-

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Heard the counsel for the parties.

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Applicant has ben named as an accused in the

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 offence registered at Kudal Police station, being

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 C.R.No.18 of 2005. It is not in dispute that

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 co-accused are released on bail by the Lower court. So

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 far as the applicant is concerned, his application is

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 rejected on the reasoning that he is the master mind
 and recovery of blood stained clothes from him as well
 as stolen wrist watch is made at the instance of the

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 applicant. In the FIR, name of the assailant is
 disclosed as Babu and others. Indeed, later on

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 supplementary statement has been recorded which

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 indicates that applicant’s nick name is Babu.

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3.The fact remains that no test identification
 parade has been held, so far, the applicant is in
 custody for over one month. The learned APP states
 that the complainant is unavailable for the test
 identification parade as he has shifted to his native
 place and his whereabouts are not known. The fact that
 the test identification parade cannot be conducted, can
 be no basis to detain the applicant without proper
 investigation.

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Taking overall view of the matter, as the
 applicant is permanent resident of Kudal and as there
 are no antecedents against him and the applicant can
 make himself available for the purpose of investigation
 as and when required and accepting that co-accused has
 been already released by the lower court, the applicant
 is directed to be released on bail but on following

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(i)The applicant is directed to be released
on bail in C.R.No.18 of 2004, registered with
Kudal Police Station, on executing personal bond
in the sum of Rs.20,000/- with one or two local
sureties in like amount.

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(ii)The applicant shall regularly report to
the concerned police station twice in a week i.e.
on Wednesday and Sunday between 10 a.m. to 2
p.m. till filing of the charge sheet.

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(iii)The applicant shall not leav jurisdiction
of Kudal Police Station without prior intimation
to the Investigating Officer.

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(iv)The applicant shall not influence the
prosecution witnesses nor tamper with prosecution
evidence in any manner, whatsoever.

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(v)The applicant shallco-operate to
investigating officer as well as for early
disposal of the trial as condition for bail. In
the event, the trial court is of the opinion that
the applicant is responsible for delay in trial,
the same be recorded in roznama and that can be
the basis for cancellation of bail.

¶32

Application disposed of accordingly.

Amey Pandurang Kurade v. the State of Maharashtra

Case brief

What is this about?

What the court decided

Amey Pandurang Kurade v. the State of Maharashtra

Case brief

What is this about?

What the court decided

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