In a bail application during criminal appeal, the High Court observed that prima facie there is no evidence of the applicant's involvement except for kicking a motorcycle. Consequently, the Court granted bail during the pendency of the appeal.
The applicant is released on bail in the sum of Rs.10,000 with like surety and P.R. bond.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1116 OF 2007
IN
CRIMINAL APPEAL NO.949 OF 2007
Prakash Vinayak Yeragi. ..Applicant.
(Orig.Accused No.2)
Versus
The State of Maharashtra. ..Respondent.
Mr.P.D.Dalvi, Adv. for the Applicant.
Mrs.A.S.Pai, APP, for the State.
CORAM : S.B.MHASE AND
SMT.V.K.TAHILRAMANI,JJ.
DATED : 20TH NOVEMBER, 2007.
P.C.:-
1. Heard both sides.
2. This is a bail application by orig.accused No.2
who has been convicted under Section 302 read with
Section 34 of Indian Penal Code and sentenced to
suffer R.I. for life and to pay fine of Rs.5,000/-
in default to undergo imprisonment for further period
of five months.
3. The applicant was on bail during the trial. In
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order to show the complicity of the applicant, the
prosecution has brought on record evidence that the
applicant gave a kick-blow to motorcycle. Except
this evidence, prima facie, there is no evidence of
involvement of the applicant. This persuades us to
grant bail to the applicant during pendency of the
Appeal.
4. The applicant-Prakash Vinayak Yeragi be released
on bail in the sum of Rs.10,000/- (Rs.Ten Thousand
Only) with like surety and P.R. bond.
5. Application is disposed of accordingly.
[SMT.V.K.TAHILRAMANI,J.] [S.B.MHASE,J.]
2 issues framed by the court
Whether bail should be granted to an accused convicted of life imprisonment who has only prima facie evidence against him regarding complicity.
Whether the evidence of a kick-blow given by the applicant to a motorcycle is sufficient to justify rejection of his bail application during appeal pendency.
1 provisions across 1 enactments
Prakash Vinayak Yeragi
The State of Maharashtra
S.B.Mhase
V.K.Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court