Dismissed

Ganesh Rajaram Waghmare and Anr. v. the State of Maharashtra

Bombay HC7 Apr 2008APPA/103/2008

Case brief

AI extract

What is this about?

This judgment refused bail to the appellant in a murder case arising from the death of another individual. The court held that given prima facie material, including recovery of blood-stained items at the appellant's instance and prior enmity with the deceased, no case for bail was made out despite similar co-accused receiving bail.

What did the court decide?

Bail application of the appellant is rejected due to insufficient prima facie evidence considering enmity and recovery of incriminating articles.

Ganesh Rajaram Waghmare and Anr. Vs the State of… — Murder and Culpable Homicide | Bombay HC (2008)

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 [-1-]

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE SIDE JURISDICTION

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 APPLICATION NO.103 OF 2008
 IN
 APPEAL NO. 83 OF 2008

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 Ganesh Rajaram Waghmare
 & Anr. ..Applicants

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Vs.

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 The State of Maharashtra ..Respondent

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 ...
 Mr.M.S.Mohite Advocate for Applicants
 Ms.S.D.Shinde APP for the Respondent-State
 ...

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 CORAM:F.I.REBELLO AND
SMT.V.K.TAHILRAMANI,JJ.
 DATE :APRIL 7, 2008

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P.C.

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 1. This is an application for bail by original
 Accused No.1 who is the appellant herein. Prima
 facie, the material on record would indicate that
 there was previous enmity between the appellant and
 the deceased. Apart from that, there is recovery
 of the blood stained article and clothes at the
 instance of the appellant. There is also evidence
 that the deceased was last seen in the company of
 the present appellant and other co-accused.

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 [-2-]

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 2. It is submitted on behalf of the appellant that
 the other co-accused had been granted bail by this
 Court. The case of the appellant should be treated
 alike.

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 3. Considering the case as advanced against the
 appellant and the fact that recovery of the
 articles and clothes was made at the instance of
 the appellant, in our opinion, the case of this
 appellant would differ from the case of co-accused
 who has been granted bail.

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 4. Considering the prima facie material on record,
 in our opinion, no case is made out for bail.
 Application for bail is rejected.

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[SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.]

Ganesh Rajaram Waghmare and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ganesh Rajaram Waghmare and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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