High Court of Bombay at Criminal Judicature allowed bail application in case involving robbery, extortion, and criminal mischief. Court considered applicant's age, lack of prior offences, and pending trial.
Accused released on bail in Rs.5000/- with one or two sureties in like amount and directed to report to police station once in a week.
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
CRIMINAL APPLICATION NO. 4370 OF 2009
Ravindra Chandrakant Bhise...Applicant
vs.
State of Maharashtra...Respondent
Mr.Sachin Thombare for the Applicant.
Mr.H.J. Dedhia, APP for the State.
CORAM : V.M. KANADE, J.
DATED : NOVEMBER 6, 2009
P.C. :-
1Heard Counsel for the applicant and APP for
the State.
2The applicant has been arrested on 28th
July, 2009 in connection with an offence under
Sections 363, 394, 401 read with 34 of the IPC.
3It is alleged that the applicant alongwith
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three other persons posed to be passengers and they
took lift from the complainant and after the
complainant had driven the car for sometime, they
threatened him with a revolver and asked him to get
down from the car and thereafter, took away the car
and sold it. A complaint was lodged by the driver
of the said car and the applicant along with three
others was arrested. The applicant has been
identified by one of the witnesses in the test
identification parade.
submits that the applicant is a student and is not
involved in any other offence. It is submitted that
the chargesheet is filed and the trial is not likely
to commence immediately in the near future. He
submitted that no particular role has been assigned
by any other witness against the present applicant.
5The learned APP for the State submitted
that during the investigation of the offence, the
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police have discovered that the other two accused
are involved in similar offences. He, however,
fairly conceded that this is the first incident in
which the present applicant is involved. In my view,
taking into consideration the age of the applicant
and the fact that he is not involved in any other
incident and since the chargesheet now has been
filed, the applicant is entitled to be released on
bail, more particularly, because the trial is not
likely to be over immediately in the near future.
6The applicant be released on bail in the
sum of Rs.5000/- with one or two sureties in the
like amount. He shall report to the concerned police
station once in a week.
7The application is disposed of.
3 issues framed by the court
Whether the applicant is entitled to be released on bail given the pending trial and lack of prior criminal record.
Whether the fixed bail amount and surety requirements are appropriate for this offence.
Whether conditions regarding reporting to the police station are suitable for the applicant.
1 provisions across 1 enactments
Ravindra Chandrakant Bhise
State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court