The High Court rejected the bail application of the applicant, upholding the lower court's finding of guilt. The court held that the evidence does not warrant bail and that procedural delays do not invalidate the witness's testimony.
Bail application rejected; matter processed for listing.
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.1375 OF 2008 IN
CRIMINAL APPEAL NO.1267 OF 2008
Narayan Ramu Noukudkar ...Applicant Versus The State of Maharashtra ...Respondent
Mr.Prakash Naik for Applicant.
Ms.S.V.Gajre, A.P.P. for Respondent.
CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 16, 2010.
P.C.
recording finding of guilt against the Applicant, in our opinion, this is not a case for grant of bail. The argument of the Applicant that the evidence of the sole eye-witness is doubtful, in our prima facie opinion, cannot be countenanced. The fact that the complaint was not lodged immediately, does not militate against the truthful evidence of the said witness. Similarly, the argument of the Applicant that the human blood though noticed on the
articles, does not relate to the involvement of the Applicant/accused, has
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been considered by the Court below and rightly negatived. There is ample material on record to indicate the complicity of the Applicant. In the circumstances, the Application for bail is rejected.
matter can be processed by the Office for listing as per its turn under caption `convicts in jail’.
(U.D.SALVI, J.)
(A.M.KHANWILKAR, J.)
2 issues framed by the court
Whether bail should be granted to the applicant given the material recorded by the trial court regarding complicity.
Whether the delay in lodging the complaint or the nature of evidence reduces the reliability of the sole eye-witness.
Narayan Ramu Noukudkar
The State of Maharashtra
A.M.KHANWILKAR
U.D.SALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
