In a bail application under Section 302 IPC, the High Court rejected the plea for regular bail citing prima facie material and discovery statements, holding the case not fit for anticipatory bail.
Application for grant of regular bail rejected and plea for anticipatory bail dismissed.
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.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1932 OF 2006
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Office notes, office MemorandaCourt’s or Judge’s orders.
of Coram, appearance, Court’s
orders or directions and
Registrar’s orders.
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Mr.U.P.Warunjikar for the Applicant.
Mr.S.S.Pednekar, APP. for the State.
CORAM : R.S. MOHITE,J.
DATED : 19.6.2006.
P.C.
1. This is an application for grant of
regular bail. The applicant is shown
as an accused in C.R.No.21/2006
registered by Bund Garden Police
Station for the offence under Section
302, 201 read with 34 of the I.P.C.
2. After hearing both the sides, it
appears that there is prima facie
material against the accused. He has
made discovery statement under Section
27 by which head of the dead body was
discovered by the police. There is
also recovery of silver keychain which
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belonged to the deceased. A cheque of
Rs.20/- lacs drawn on ICICI Bank signed
by the applicant was found from the
apartment of the deceased. Not a fit
case for grant of anticipatory bail.
Hence, application is rejected.
(R. S. MOHITE, J.)
2 issues framed by the court
Whether in a murder case involving prima facie evidence and recovery of incriminating articles, regular bail should be granted under Section 302 IPC?
Whether the present case qualifies as a fit case for the grant of anticipatory bail?
2 provisions across 1 enactments
U.P. Warunjikar
State
R.S. MOHITE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court