An applicant in criminal appeal convicted of robbery was granted bail in appeal. The High Court ordered release on ₹5,000 bond with sureties, requiring monthly police reports.
Applicants to be released on bail on execution of PR Bond in the sum of Rs. 5000/- each with one or two sureties, reporting once a month.
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.
Crim.Appln. No.492/2010
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 492 OF 2010 IN
CRIMINAL APPEAL NO. 264 OF 2010
1) Mithun @ Nitin Zumbar Kale,
2) Mahesh Murlidhar Bhosale,
3) Pintu Bana Pawar,
4) Birappa Chandu Shinde,
5) Netaji Chandu Shinde,
6) Chandu Vishwambhar Shinde,
7) Mallinath Vishwambhar Shinde,
8) Sudhakar Shivdas Shinde,
9) Sukha Shinde,
10)Nagnath Chandu Shinde...Applicants
vs.
The State of Maharashtra...Respondent
Mr.V.V. Purwant for the Applicants.
Mrs.R.V. Newton, APP for the State.
CORAM : V.M. KANADE, J.
DATED : JULY 23, 2010
P.C. :-
1Heard Counsel for the applicants and APP
for the State.
2 Crim.Appln. No.492/2010
2The applicants have been convicted for the
offence punishable under Section 395 of the IPC and
sentenced to suffer RI for five years. The
applicants have already undergone six months of the
sentence. The applicants were on bail during trial.
3The learned APP for the State submits there
are some antecedents against some of the applicants.
4In my view, taking into consideration the
sentence awarded by the Sessions Court and the fact
that the appeal may not immediately reach for final
hearing in the near future, the applicants need not
be kept in jail indefinitely during the pendency of
the appeal, particularly, if the Court prima facie
comes to the conclusion that the evidence adduced by
the prosecution is not sufficient to establish the
charges levelled against them.
5The applicants, therefore, be released on
3 Crim.Appln. No.492/2010
bail on execution of P.R. Bond 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.
6Application is disposed of.
1 issue framed by the court
Whether the conviction and sentence in a criminal appeal warrant bail pending hearing.
Mithun @ Nitin Zumbar Kale and others
The State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court