In a criminal application regarding murder and affray charges, the High Court rejected the bail plea due to the nature of the crime, number of injuries, and evidence, classifying it as unfit for bail release while ordering an expedited trial.
Bail application rejected; trial expedited.
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
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 4210 OF 2009
Rafiq Imam Mulla & Ors....Applicants
vs.
The State of Maharashtra...Respondent
Mr.S.A. Ingwale for the Applicants.
Mr.H.J. Dedhia, APP for the State.
CORAM : V.M. KANADE, J.
DATED : DECEMBER 7, 2009
P.C. :-
1Heard Counsel for the applicants and APP
for the State.
2The applicants are arrested in connection
with an offence punishable under Sections 143, 147,
148, 302, 307 read with 34 of the IPC.
3It is alleged that the applicants along
2
with others assaulted the deceased with swords,
knife, sickle and other lethal weapons. There are as
many as 21 incised injuries on the person of the
deceased.
applicant nos.1 and 4 is not mentioned in the FIR.
It is submitted that in the FIR it is mentioned that
the deceased before dying had taken their name as
the persons responsible for the death. It is
submitted that there is discrepancy in the
statements of witnesses.
submission. Though the name of applicant nos.1 and 4
is not mentioned in the FIR, however, in the
statement of other eye witnesses, specific role has
been attributed to all the applicants herein.
Looking at the nature of injuries and the manner in
which the deceased was murdered and the material
which is on record against the present applicants,
3
in my view, this is not a fit case for grant of
bail. The application is rejected.
6Counsel for the applicants submits that the
applicants are in jail since last two years.
7 The trial, therefore, is expedited.
3 issues framed by the court
Whether the application for bail should be allowed in a case involving murder and affray with serious injuries.
If this is a fit case for the grant of bail.
Whether the trial should be expedited for applicants detained for two years.
1 provisions across 1 enactments
Rafiq Imam Mulla & Ors.
The State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court