Single judge order rejecting a bail application pending appeal in a criminal case. The applicant, original accused no.1 convicted under IPC 395 and 420, was denied bail as the court found him to be the main culprit.
Application for bail pending appeal stands rejected.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SIDE JURISDICTION
CRIMINAL APPLICATION NO.219 OF 2007
IN
CRIMINAL APPEAL NO.189 OF 2007
Babasaheb Bhimrao Mhaske ...Applicant.
V/s.
The State of Maharashtra ...Respondent.
Shri Tilve, adv. for the Applicant.
Shri Y.S.Shinde, APP for the Respondent/State.
CORAM: J.H.BHATIA, J.
DATE : 2nd April, 2007.
P.C.:
1. Heard Mr.Tilve the learned counsel for the
applicant, who is original accused no.1 and Mr.Shinde,
the learned APP for the State.
2. The applicant was convicted for the offence
punishable under Section 395 and was sentenced to
undergo R.I. for 7 years and to pay fine of Rs.200/-.
He is also convicted for the offence punishable under
section 420 of the I.P.C. and sentenced to undergo R.I.
for 5 years and to pay a fine of Rs.500/-. The
applicant has preferred an appeal challenging the
conviction and sentence. Appeal is admitted. By this
application the applicant seeks bail pending the appeal.
3. The learned counsel for the applicant contends
: 2 :
that the applicant was on bail during the trial and he
has not misused the same and that there is no material
to show that he had committed the offence. On the other
hand, the learned APP contends that the present
applicant is a master mind and the main culprit in
commission of this crime. He represented to P.W.1 Nisha
and his family members that there was party, who had
found 20,000 silver coins, which they wanted to dispose
off at nominal rate of Rs.20/- per coin. By making this
representation, he took P.W.1 Nisha and others to a
particular spot and there the present applicant
contacted remaining accused persons on phone. Then two
accused persons came on the spot and they took P.W.1
Nisha and his son to a field where in all 11 persons
abruptly came and committed dacoity and took away gold
ornaments with diamond and red stones, silver anklets,
wrist watch, mobile phone, etc., worth Rs.54,000/-.
Taking into consideration the evidence on record, I find
that it will not be in the interest of justice to grant
bail to the present applicant, who appears to be the
main culprit in the matter.
4. Application stands rejected.
(J.H.Bhatia,J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SIDE JURISDICTION
CRIMINAL APPEAL NO.189 OF 2007
Babasaheb Bhimrao Mhaske ...Appellant.
V/s.
The State of Maharashtra ...Respondent.
Shri Tilve, adv. for the Appellant.
Shri Y.S.Shinde, APP for the Respondent/State.
CORAM: J.H.BHATIA, J.
DATE : 2nd April, 2007.
P.C.:
1. Mr.Shinde, the learned APP for the State makes a
statement that other accused, who are also convicted for
the same offence have also preferred appeals therefore,
this appeal be tagged alongwith the appeals preferred by
other accused.
: 4 :
(J.H.BHATIA, J.)
Babasaheb Bhimrao Mhaske
The State of Maharashtra
J.H. Bhatia
As recorded by the court registry
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