Allowed

Raju Shanmvel Aswale v. the State of Maharashtra and Ors.

Bombay HC7 Apr 2006WP/611/2006

Case brief

AI extract

What is this about?

High Court permitted release on furlough of a petitioner whose prior application was rejected due to unfounded apprehension of witness intimidation. The court found no material evidence of threats and allowed release with standard reporting conditions.

What did the court decide?

Petitioner released on furlough with condition to report to nearest police station every alternate day.

Raju Shanmvel Aswale Vs the State of Maharashtra and Ors. — Bail and Remand | Bombay HC (2006)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION

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 CRI.W.P.NO.611 OF 2006

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 Raju S.Aswale ..Petitioner

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Vs.

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 The State of Maharashtra
 and Ors. ..Respondents

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 Mr.Madhav J.Jamdar Advocate for Petitioner
 Mr.I.S.Thakur, A.P.P. for State

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 CORAM: D.G.DESHPANDE AND
SMT.V.K.TAHILRAMANI,JJ.

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 DATE : APRIL 7,2006

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ORDER ORDER : (PER SMT. V.K.TAHILRAMANI,J):

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 1. Heard learned advocate for the petitioner and
 learned A.P.P. for the State. Rule. By consent,
 rule is heard forthwith.

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 2. The petitioner had preferred application for
 furlough. The said application for furlough came
 to be rejected on the ground that the petitioner
 and the witnesses are residing close-by. It is
 also apprehended by the prosecution that if
 petitioner is released on furlough, he would
 threaten the witnesses. As far as this

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 apprehension is concerned, there is no material on
 record that petitioner at any time, had threatened
 any of the witnesses. Thus, we find this
 apprehension to be unfounded. As observed earlier,
 as there is no allegation against the petitioner
 himself that he had threatened any of the witnesses
 at any time, we are of the opinion that the
 petitioner can be released on furlough.

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 3. The petitioner be released on furlough in
 accordance with the usual terms and conditions.
 In addition thereto, the petitioner shall inform
 the address at which he will reside during the
 period that he is on furlough. He will report to
 the nearest police station to that address on every
 alternate day during the period that he is on
 furlough.

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 4. Rule made absolute in the above terms.
 Petition is disposed of.

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 [D.G.DESHPANDE, J.]

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 [SMT.V.K.TAHILRAMANI,J.]

Raju Shanmvel Aswale v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Raju Shanmvel Aswale v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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