Allowed

Nilesh Vithal Wagh v. the State of Maharashtra

Bombay HC11 Feb 2008APPLN/39/2008

Case brief

AI extract

What is this about?

The High Court allowed bail to the applicant accused of dacoity with murder. The court held that the sole eyewitness, a cleaner saved by the crime, failed to identify the applicant in the identification parade, indicating lack of prima facie material connecting him to the crime.

What did the court decide?

Release of the applicant on bail on his personal bond of Rs. 30,000 with two sureties.

Nilesh Vithal Wagh Vs the State of Maharashtra — Dowry and Cruelty | Bombay HC (2008)

¶1

abs

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

 CRIMINAL APPELLATE JURISDICTION

¶4

 CRIMINAL APPLICATION NO. 39 OF 2008

¶5

 Nilesh Vithal Wagh .. Applicant

¶6

V/s

¶7

 The State of Maharashtra .. Respondent

¶8

 Mr.A.P. Mundargi i/b Mr. P.P. Runwal for the applicant.
 Mr.K.V. Saste, A.P.P. for the State.

¶9

 CORAM : D.G. KARNIK, J.

¶10

 DATE : 11TH FEBRUARY 2008

¶11

P.C. :

¶12

 1. Heard.

¶13

 2. By this application, the applicant seeks bail in
 connection with a crime registered under C.R.
 No.I/19/2007 at Uran Police Station for the alleged
 offence punishable under sections 396, 397, 363, 342,
 412 read with 120-B of the Indian Penal Code.

¶14

 3. According to the prosecution, on 1st February
 2007 some imported goods were being transported in a
 container mounted on trailer truck no.MH04/CA 6405 from

¶15

 - 2 -

¶16

 J.N.P.T., Uran to Tarapur. The container truck was
 intercepted and stopped by persons travelling in Indica
 car. The driver and cleaner of the truck were forcibly
 pulled out of the truck and forced to sit in the Indica
 car by threatening them with knife. Two persons drove
 away the container while the driver and the cleaner were
 taken in the Indica car to Malshej Ghat where they were
 thrown into the valley. The cleaner managed to come out
 of the valley. Thereafter, with the help of some
 persons the driver was removed from the valley, and was
 admitted to the hospital where he died.

¶17

 4. The applicant was arrested on the basis of
 suspicion. The applicant is alleged to be the person
 who took the cleaner and the driver hostage, took them
 to Malshej Ghat where they were thrown into the valley
 resulting in the death of the driver.

¶18

 5. The goods which were stolen from the trailer
 truck were found in a godown. The owner of the godown
 has not identified the applicant, There is no discovery
 of anything except the Indica car alleged to be used in
 the crime. The cleaner of the truck, who is alive, was
 unable to identify the applicant in the identification
 parade.

¶19

 6. The learned Sessions Judge vide order dated 31st

¶20

 - 3 -

¶21

 July 2007 has dismissed the application for bail made by
 the applicant. The learned Sessions Judge however has
 not considered the fact of non-availability of prima
 facie material connecting the applicant to the crime,
 but has rejected the application on the ground of
 seriousness of the offence.

¶22

 7. Taking into consideration the entire evidence
 and also the fact that the cleaner of the truck, who had
 ample opportunity to watch the occupants of the Indica
 car, has not been able to identify the applicant, I am
 of the view that the applicant is entitled to bail.
 Hence, I pass the following order:-

¶23

ORDER

¶24

 The applicant be released on bail in connection with the
 offence mentioned above on his executing personal bond
 of Rs.30,000/- with two sureties in the like amount
 subject to the following conditions:-

¶25

 (a) The applicant shall not make any inducement nor
 give any threats to any of the prosecution witnesses.

¶26

 (b) The applicant shall attend the concerned police
 station once a fortnight on every first and third Monday
 of every British calendar month till the disposal of the

¶27

 - 4 -

¶28

 Sessions Case.

¶29

 (D.G. KARNIK, J.)

Nilesh Vithal Wagh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Nilesh Vithal Wagh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Yuvraj Sopan Pawar and Ors. Vs the State of Maharashtra

Prashant Vithalrao Khandave Vs the State of Maharashtra

Prashant Vithalrao Khandave Vs the State of Maharashtra

Anil Narayan Jadhav Vs the State of Maharashtra

Umesh Chunnilal Dedhia Vs the State of Maharashtra

Shobha Prabhakar Shirsath and Ors. Vs the State of Maharashtra