Single judge of the Bombay High Court considered an application for anticipatory bail in a dacoity and robbery case. The court rejected the application, holding that the non-recovery of the subject matter (hotel till amount) made it unfit for grant of anticipatory bail.
Application for anticipatory bail rejected.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 547 OF 2006
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Office notes, office Memoranda Court’s or Judge’s orders.
of Coram, appearance, Court’s
orders or directions and
Registrar’s orders.
Smt. P.P.Kakade for the applicant.
Mr. Y.S.Shinde, APP. for the State.
CORAM : R.S. MOHITE,J.
DATED : 05/6/2006.
P.C.
1. This is an application for grant of
anticipatory bail. The present
applicant is shown as accused in
C.R.No.211/2005 registered by
Vishrantwadi Police Station of alleged
offences U/s, 395,427 read with 34 of
the I.P.C. The offence under Section
395 is punishable with life. Co
accused by name Rajesh Tapkir in his
memorandum statement disclosed the name
of the present applicant and stated
that he was present at the time of
alleged dacoity. Though the other
accused have been granted bail, the
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present accused has not been arrested.
The allegations in the FIR pertains to
robbery in relation to an amount lying
in the till of the hotel. The said
amount which is the subject matter of
the robbery has not been recovered. In
the circumstances, not a fit case for
grant to anticipatory bail. Hence,
application is rejected.
2. It is made clear that the
observations made in the present order
will not come in the way of the
applicant in case if any application is
made for bail and that application may
be decided by the trial court on its
own merits.
(R. S. MOHITE, J.)
1 issue framed by the court
Whether anticipatory bail may be granted in a dacoity and robbery case where the subject matter has not been recovered.
1 provisions across 1 enactments
Smt. P.P. Kakade
The State
R.S. Mohtie
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court