Applicant seeks bail in IPC 302/201 offence after 7 months custody; court allows bail with surety and PR bond, restricts movement pending investigation.
released on bail with Rs.20,000 surety and PR bond; not to leave MIDC Police Station jurisdiction without written permission
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 OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3845 OF 2009
Maniram S/o.Padamsing Thapa, Age-57 years, Occu-Service, R/o.Nandanwan Nagar, Bahind Hundekar Showroom, Savedi, Tq. and Dist. Ahmednagar
APPLICANT
VERSUS
The State of Maharashtra
RESPONDENT
Mrs.S.S.Jadhav, learned counsel for applicant. Mr.N.R.Shaikh, learned counsel for respondent State.
(CORAM : A.V.POTDAR, J.)
DATE : 15/12/2009
PER COURT :
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the submissions of learned APP appearing for the State. Also perused the papers of investigation till carried out as the charge sheet is already filed in respect of the present crime.
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and hence on suspicion, an offence was registered as stated against the applicant accused for an offence punishable u/s. 302, 201 of The IPC.
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on which he had allegedly carried the deceased from the Nagar city to the Wambhori Ghat where the dead body of deceased was found. Considering these circumstances, it is urged that the applicant is responsible for the death of deceased and may not be released on bail.
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night in between 19/05/2009 and 20/05/2009 and before that the deceased have taken the food, and if it is so, then if the deceased was dead after he took food then at least some evidence must be before the Court on the point of last seen together which is missing at least at this stage. In the premise, case is made out to enlarge the applicant accused on bail on certain conditions. It is made clear that these observations are prima facie observations on the basis of papers of investigation and the learned Sessions Judge to whom the trial will be assigned, not to influence with these observations, hence the following order -
O R D E R
khs/DEC 2009/cri-appl-3845-09
3 issues framed by the court
Whether the applicant should be released on bail pending trial despite recovery of evidential items (wooden rod and bicycle)
Whether the post-mortem findings support direct incrimination of the applicant
Whether conditions for bail are appropriate given investigation stage
Maniram S/o Padamsing Thapa
State of Maharashtra
A.V.POTDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
