The High Court in Criminal Application No. 798 of 2010 considered an application for bail prayed by the applicant who was originally accused no. 2 in a kidnapping case and was already on bail during trial.
Application disposed of granting bail on execution of P.R. Bond in Rs.5000/- with sureties and condition to report to police 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.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 798 OF 2010
IN
CRIMINAL APPEAL NO. 469 OF 2010
Prashant Jagannath Pathare...Applicant
vs.
The State of Maharashtra ...Respondent
Mr.Rahul Kadam for the Applicant.
Mrs.P.P. Bhosale, APP for the State.
CORAM : V.M. KANADE, J.
DATED : JULY 2, 2010
P.C. :-
1Heard Counsel for the applicant and APP for
the State.
2The applicant who is original accused no.2
has been convicted for the offence punishable under
Section 363 read with Section 34 of the IPC and
sentenced to suffer RI for 3 years and to pay a fine
2
of Rs.500/- and in default, to suffer further RI for
six months.
3It is alleged by the prosecution that the
applicant had helped accused no.1 in kidnapping the
prosecutrix.
4Counsel for the applicant submits that the
only role attributed to the present applicant is
that he had given a room to accused no.1 where
accused no.1 and the prosecutrix stayed for about 4
to 5 days.
peculiar facts and circumstances of the case and the
sentence awarded by the Sessions Court, the
applicant deserves to be released on bail. The
applicant was on bail during trial.
execution of P.R. Bond in the sum of Rs.5000/- with
3
one or two sureties in the like amount. The
applicant, however, shall report to the concerned
police station once in a month.
7Application is disposed of.
(V.M. KANADE, J.)
2 issues framed by the court
Whether the applicant is entitled to be released on bail in a kidnapping case where he was initially on bail during trial.
Whether the applicant deserving bail given peculiar facts and circumstances and role attributed to him.
1 provisions across 1 enactments
Prashant Jagannath Pathare
The State of Maharashtra
V.M. KANADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court