Allowed

Mohd. Ubaid @ Tarique Rashid Ansari v. the State of Maharashtra

Bombay HC14 Dec 2005APPLN/6340/2005

Case brief

AI extract

What is this about?

The High Court of Bombay considered a Criminal Application for bail during the pendency of an appeal challenging a conviction/order. Finding recovery of evidence doubtful and the identification parade potentially a sham, the Court granted bail.

What did the court decide?

Appellant released on bail in the sum of Rs.20,000 with one or two sureties to make up the same.

Mohd. Ubaid @ Tarique Rashid Ansari Vs the State of Maharashtra — Bombay HC (2005) — LawSathi Research

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 (G.C.P.)J 455 (5,00,000)-11.2001) Spl-H.C.,A.S.,C.D.,78e

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE SIDE
 Criminal Application No.6340 of 2005
 In
 Criminal Appeal No.865 of 2005

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 ---------------------------------------------------------------------------
 Office Notes, Office Memoranda Court’s or Judge’s orders
 of Coram, appearances, Court’s
 order or directions and
 Registrar’s order.

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 ---------------------------------------------------------------------------
 S/Shri Shahid Azmi & Raina Bhatta for the
 appellant.
 Shri A.S.Gadkari, APP for the respondent.

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 --
 CORAM: R.M.S.KHANDEPARKAR
 &
 R.S.MOHITE, JJ
 DATED: 14th DECEMBER, 2005.
 P.C.

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 1. Heard the learned advocate for the
 appellant as well as the learned APP for the
 respondent.

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 2. Perusal of the records prima facie
 discloses that the so called materials
 against the appellant comprise of recovery
 of a weapon used in the offence as well as
 in the identification parade. However, even
 the learned Sessions Judge appears to have

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 been disbelieved the recovery of weapon used
 in the offence and prima facie the
 identification parade appears to be a sham
 one in this case. Besides, the other
 accused have already been granted bail on
 26th August, 2005, 23rd September, 2005 and
 29th September, 2005. We therefore do not
 find any difficulty in releasing the
 applicant on bail. In fact, in the facts
 and circumstances of the case, the applicant
 has made out a case for grant of bail during
 the pendency of the appeal and therefore,
 the applicant is directed to be released on
 bail in the sum of Rs.20,000/- with one or
 two sureties to make up the amount. The
 application stands disposed of accordingly.

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 (R.M.S.KHANDEPARKAR, J )

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 ( R.S.MOHITE, J)

Mohd. Ubaid @ Tarique Rashid Ansari v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohd. Ubaid @ Tarique Rashid Ansari v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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