Single judge granted bail to the applicant charged with multiple offences under IPC during pending trial, imposing conditions including surety, monthly reporting, and residence restrictions.
Applicant released on bail in sum of Rs.20,000/- with one surety in the like amount subject to conditions of monthly reporting and residence restrictions.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2121 OF 2006
Rupesh Sudhakar Jadhav...Applicant.
Vs.
The State of Maharashtra...Respondent.
Mr.S.V.Kotwal i/by V.V. Purwant for the Applicant.
Ms.S.V.Gajare, APP. for the State.
CORAM : R.S. MOHITE,J.
DATED : 21.6.2006.
P.C.
1. This is an application for grant of bail. The
applicant along with other accused persons are shown as
an accused in C.R.No.80/2005 registered by Wai Police
Station for alleged offences under
Section-302,143,147,149,325,323,452,504 and 506 of the
I.P.C. The applicant is said to have assaulted the
deceased Vijay by a tommy which is an instrument used in
a vehicle. Another injured in the same incident is
Sunil Marathe. It appears from the record that the
deceased and some other boys are residents of Gangapuri
area in Wai town. The present applicant and his friends
were resident of Ganpati Ali. In the same incident
three persons from the party of the present applicant by
names Prasad Mule, Santosh and Abhijit have also
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injured. Prasad Mule has also filed cross complaint
under C.R.No.81/2005 for alleged offences under Section
143,147,149,325,323, 504 and 506 of I.P.C. Amongst
these persons belonging to the group of the applicant
Prasad Mule has sustained head injury and Santosh has
suffered grievous injury and Abhijit has suffered simple
injury. It is admitted position that the incident in
question took place in the area of the deceased i.e. in
Gangapuri locality. The vehicle in question was found
in Gangapuri locality.
2. In C.R.No.81/2005 in all the police have arrested 12
persons. They have already released on bail. In the
present case i.e. in C.R.No.80/2005 police have
arrested 10 persons of which nine persons have been
granted bail and the applicant is the only person who
remains behind the bars.
3. Taking into account the aforesaid circumstances,
there is clear possibility of exercise of right of
private defence. There is also possibility of certain
fighting as both the sides are injured. In the
circumstances, I am inclined to grant bail to the
applicant. It is therefore, directed that pending trial
in C.R.No.80/2005 registered by Wai Police Station, the
applicant may be released on bail in the sum of
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Rs.20,000/- with one surety in the like amount subject
to the condition that he will report to the
Investigating Officer once in a month on every first
Monday till the disposal of the trial. There will be
also further condition that the applicant will stay out
of Wai town and prior to his release he will furnish his
new address to the Jailer and on being released he will
furnish fresh address to the I.O. He is allowed to
remain in Wai town only for the purpose of attendance as
directed above.
4. Application is disposed of.
1 issue framed by the court
Whether bail should be granted to the applicant charged with abetting mutiny and offences under the Indian Penal Code.
1 provisions across 1 enactments
Rupesh Sudhakar Jadhav
The State of Maharashtra
R.S. Mohite
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court