This criminal application for bail was allowed by the High Court of Bombay. The court relied on a previous order granting bail to another accused in the same matter, noting the gravity of Section 302 convictions among co-accused but the conviction of the applicant under Section 307 IPC.
The applicant is released on bail subject to bail conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI. APPLICATION NO. 347 OF 2009 IN CRI. APPEAL NO. 232 OF 2009
Sandeep Barku Bhosle ...Applicant
Versus
The State of Maharashtra ...Respondent
Mr. Nitin Sejpal and Ms. Pooja Bhojane for the Applicant
Mr. Rajesh More, Additional Public Prosecutor, for the State.
CORAM : B ILAL NAZKI and A.R. JOSHI, JJ. DATE : SEPTEMBER 1, 2009
P.C. :-
Bail has been granted to one of the accused in Criminal
Application No. 278 of 2009 by this Court. The main ground
seeking bail is that three persons were convicted for offence under Section 302 of the Indian Penal Code. The ground seeking bail is
that the accused has been convicted under Section 307. Only three
persons have been convicted under Section 349 for committing
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offence under Section 149. The requirement is that the offence should be committed by 5 or more persons.
BILAL NAZKI, J.
A.R. JOSHI, J.
2 issues framed by the court
Whether bail shall be granted to the applicant considering the convictions of three co-accused under Section 302 IPC and two under Section 149 IPC.
Whether the accused is entitled to bail under established principles given the circumstances of the case.
Colour shows how this judgement treated each authority
Latesh Bapurao Karlekar v. The State of MaharashtraRelied on¶19
Sandeep Barku Bhosle
The State of Maharashtra
Bilal Nazki
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
