In a bail application by an accused roped into dacoity under Section 120-B, the High Court of Bombay granted release on the same bail terms as the trial court, noting surrender and lack of allegations of bail abuse.
Applicant granted release on same bail as trial court subject to fresh bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL APPEAL NO.357 OF 2006
-------------------------------------------------------
Office Notes, Office
Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders
or directions and
Registrar’s orders
-------------------------------------------------------
Mr.S.B.Dukhande for the appellant.
Mr.Rajesh More APP for the State.
Coram : R.S.Mohite,J
Date : 24.4.2006.
PC
1. Heard both sides.
Admit. Call for R & P.
(R.S.Mohite,J)
CRIMINAL APPLICATION 396/2006
1. This is an application for
grant of bail. The maximum
sentence is of 2 years. The
present applicant did not take
part in the actual dacoity. He
is roped in by Section 120-B. He
was on bail in the trial Court.
There is no allegation of abusing
of bail. In the circumstances,
on his surrendering, the
applicant may be released on the
: 2 :
same bail as in the trial Court
subject to his furnishing fresh
bond.
(R.S.Mohite,J)
2 issues framed by the court
Whether bail should be granted to an applicant accused of dacoity via Section 120-B who was already on bail and had surrendered.
Whether the applicant can be released on the same bail terms as in the trial court.
Farad
State
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court