On an application for bail, the High Court noted the applicant's presence was recorded during a fatal attack. Noting no specific ground was shown to justify bail despite a clean record claim, the application was rejected.
Pre-arrest bail application rejected; no order for granting bail.
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.
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1783 OF 2009.
Office notes, office Memoranda of Coram,appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders.
Mr.Abdul Aziz, Adv. For Applicant; Mr.PM Shinde, APP for State.
CORAM : K.U.CHANDIWAL, J. DATE : 27th July, 2009. ...
.Heard learned Counsel for the
applicant extensively and perused the
report of the Investigator with the
statements of witnesses.
2)In an incident based on
election dated 22nd May, 2007, persons
belonging to rival group attacked the
deceased, he succumbed to the brutal
attack. In the statement of Sayyed
Khaja Sayyed Babamiyan; Adnyankhan
Osmankhan; and Shaikh Sarfaraj Shaikh
Musa,thepresenceofpresent
applicant/accused is shown. However,
Sayyed Khaja has said, he could not see
as to what weapon the applicant/accused
was carrying at the material time. The
fact remains, the applicant/accused has
made his presence scared to the police.
2
Consequently, the matter went on against
left over or arrested accused, three of
them are already convicted by the
learned Sessions Judge. It was only
after the verdict, the applicant/accused
has surfaced seeking that he has clean
record and need not be put in arrest.
Considering the facts stated above, no
case for grant of pre-arrest bail is
made out. Consequently, the application
is rejected.
bdv/cran1783.09
2 issues framed by the court
Whether the case for grant of pre-arrest bail is made out in a murder case where the applicant was present during the incident.
Whether the applicant has established that he has a clean record warranting bail despite being a hari (separate accused) in a criminal matter.
Abdul Aziz
State
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court