Allowed

Ankush S/O Shamrao Rathod and Anr. v. the State of Maharashtra

Bombay HC3 Dec 2009APPLN/4540/2009

Case brief

AI extract

What is this about?

The High Court of Bombay, in Criminal Application No. 4540 of 2009, granted bail to two accused in a murder case. Finding no recovery or eye witnesses against them, the court held that prima facie material is insufficient to charge them and released them on standard bail conditions.

What did the court decide?

Released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount.

Ankush S/O Shamrao Rathod and Anr. Vs the State… — Murder and Culpable Homicide | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 4540 OF 2009

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1. Ankush S/o. Shamrao Rathod,

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2. Krishna S/o. Shamrao Rathod...Applicants

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vs.

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The State of Maharashtra...Respondent

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Mr.Hemantkumar Pawar i/b. Mr.Ravindra B. Ade for the
Applicants.

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Mrs.S.D. Shinde, APP for the State.

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CORAM : V.M. KANADE, J.

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 DATED : DECEMBER 3, 2009

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P.C. :-

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1Heard Counsel for the applicants and APP

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for the State.

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2The applicants have been arrested in

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connection with an offence punishable under Sections

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143, 147, 148, 149, 302, 201 of the IPC registered

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vide C.R.No.81/2009 with Paud Police Station, Pune.

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2 A dead body of Sheshrao Chavan was found
in the village Nevasa on 28th April, 2009. The said
deceased was missing sine 4thApril, 2009.
Prosecution case is that these applicants had
borrowed some money from Sheshrao Chavan and
demanded return of the said amount and therefore,
there was some quarrel between the two.

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3Counsel for the applicants submits that

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there is no other material on record to indicate
that the applicants have committed the said offence.

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There is no recovery at the instance of the
applicants. There are no eye witnesses to the said
incident and the police have arrested the applicants
on suspicion.

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4I have perused the material on record.

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There is some substance in the submission made by
the Counsel for the applicants. Apart from the fact

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that some amount was due and payable by the accused
to the deceased, there is no other material on
record to indicate the involvement of the present
applicants. Prima facie, therefore, case is made out
by the applicants for grant of bail.

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5The applicants be released on bail in the
sum of Rs.5000/- each with one or two sureties each
in the like amount. The applicants shall report to
the concerned police station once in a month.

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6Application is disposed of.

Ankush S/O Shamrao Rathod and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ankush S/O Shamrao Rathod and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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