Criminal Application regarding bail for applicants convicted in a session case. The High Court released two applicants on bail with bond conditions and police reporting requirements.
Released on bail subject to Rs. 15,000 bond, one surety, and reporting to Police Station Bandra every Monday until appeal disposal.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 384 OF 2009
IN
CRIMINAL APPEAL No.210 of 2009
Alexander Peter Anthony and Others.. Applicants.
vs.
The State of Maharashtra. .. Respondent.
Mr C.K. Talekar for the Applicants.
Mrs M.H.Mhatre, A.P.P.for the State.
CORAM: A.R. JOSHI,J.
DATED : 22ND APRIL,2009.
P.C.:-
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1. Heard rival submissions for some time.
The applicants-appellants, convicted for
offences under Sections 452, 324 and 307 r/w
section 34 of the I.P.C. and are sentenced to
suffer R.I. for five years and some fine
amount on both the counts in Session Case
No.430 of 2007. The offence of assault on the
injured took place on 9.2.2007 and the accused
appellants were arrested on 10.2.2007 and were
in custody for more than eight months, till
they were bailed out. It is conceded on behalf
of the State that there was no major role
played by them in the incident of assault and
in fact no weapon was recovered at their
instance, but allegedly, a knife and revolver
were produced by the informant/complainant,
which according to the complainant were found
from the accused persons.
2. Considering the rival submissions and
considering the case as against the
applicant-accused, they can be released on bail
on on the following terms and conditions.
a. Applicant Nos. 1 and 2 shall
be released on bail on their executing
P.R. bonds in the sum of Rs. 15,000/-
each with one surety in the like amount
each to the satisfaction of the learned
Sessions Judge for Greater Bombay at
Sewree.
b. On availing bail the applicants
shall attend Police Station Bandra once
in a week i.e. on every Monday between
10.00 a.m. to 12.00 noon till disposal
of the appeal.
( 3 )
3. Any observation made in this order
shall not be construed as finding or expression
on merits of the appeal.
(A.R.JOSHI,J.)
1 issue framed by the court
Whether the applicants convicted under Sections 452, 324 and 307 IPC can be released on bail pending disposal of the criminal appeal.
1 provisions across 1 enactments
Alexander Peter Anthony and Others
State of Maharashtra
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court