In a criminal bail application under Section 437 CrPC before the Bombay High Court, the single-judge bench rejected the plea of the applicant accused of murder, citing suspicious behavior and bloodstains, denying bail but expediting the trial to three months.
Bail application rejected; trial to be expedited and completed within three months.
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 CA-2387.10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2387 OF 2010
Nitin Kisan More.... Applicant
Vs.
The State of Maharashtra.... Respondent
Shri V.V. Purwant for the Applicant.
Ms S.D. Shinde, APP, for the State.
CORAM: R.C. CHAVAN, J.
DATED: AUGUST 24, 2010
P.C:
The applicant who is behind bars for
about one year and nine months now seeks
enlargement on bail. The applicant is alleged
to have murdered his maternal uncle Popat
Sakat. The circumstances indicating the
complicity of the applicant are that the
applicant came running from the side of a
stream stating that Popat Sakat had been
injured by someone. At that time the
applicant�s shirt had stains of blood.
Thereafter, Popat Sakat was carried to his
house. The applicant is alleged to have fallen
on the body of Popat Sakat and pressed his
2 CA-2387.10
neck. Therefore, Popat Sakat�s son suspected
that there was something strange about the
behaviour of the applicant and hence the
applicant was named as a suspect in the report
given. Though there are no eye-witnesses, the
behaviour of the applicant and particularly
stains of blood on his shirt when he first came
to report that Popat Sakat had been injured, is
enigmatic and therefore at this stage when the
charge-sheet has already been filed, it may not
be appropriate to release the applicant on
bail. The learned trial Judge would endeavour
to expedite the hearing of the case and may
complete the trial within a period of three
months from today with due regard to other
cases of undertrials pending before him. The
application is rejected.
1 issue framed by the court
Whether the applicant, accused of murdering his maternal uncle and alleged to be a suspect complicit in the crime, is eligible for bail at this stage.
Nitin Kisan More
The State of Maharashtra
R.C. Chavan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court