Allowed

Subhash Sambhaji Madne v. the State of Maharashtra

Bombay HC24 Aug 2010APPLN/2775/2010

Case brief

AI extract

What is this about?

This High Court granted bail enlargement to two applicants charged with murderous assault. The court distinguished the applicants' role based on telephone calls made to the complainant versus physical assault, ruling that mere calls do not aggravate liability when similarly situated accomplices are bailed.

What did the court decide?

Applications allowed on bail. Applicants to execute P.R. Bond of Rs.15,000/- each with one surety of same amount.

Subhash Sambhaji Madne Vs the State of Maharashtra — Bail and Remand | Bombay HC (2010)

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CAG-2775.10

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2775 OF 2010

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Subhash Sambhaji Madne.... Applicant
Vs.
State of Maharashtra.... Respondent

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WITH

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CRIMINAL APPLICATION NO.2774 OF 2010

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Sachin Balaso Yadav.... Applicant
Vs.
State of Maharashtra.... Respondent

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Shri Hiten S. Venegaonkar for the Applicant
in both the Applications.
Ms S.D. Shinde, APP, for the State in
CA-2775/2010.

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Ms Geeta Mulekar, APP, for the State in
CA-2774/2010.

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CORAM: R.C. CHAVAN, J.

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DATED: AUGUST 24, 2010

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P.C:

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1.Theapplicantswhoallegedly
participated in a murderous assault on one
Dhanaji Patil seek enlargement on bail on the
ground that two other persons, Adhik Tukaram

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2 CAG-2775.10

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Jamadade and Vishnu Shivaji Vibhute, who were
also allegedly involved in the assault, have
been bailed out by this Court by its orders in
Criminal Application Nos.869 of 2010 and 865 of
2010.

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2.The prosecution case is that the victim
Dhanaji Patil was alleged to have stolen a
tape-recorder from the tractor of one Dhanaji
Farne about two months prior to the incident.
On the incidental night, the applicant Sachin
in Criminal Application No.2774 of 2010 called
up the complainant Santaji Patil, brother of
the victim, on telephone and asked him as what
Santaji was doing about the tape-recorder.
Thereafter, at midnight when Santaji returned
home he found the victim lying dead. In the
course of the investigation, four eye-witnesses
- Sahaji Patil, Sunil Patil, Sanat Kumar Patil
and Rajendra Appu Gade stated that the two
applicants along with Adhik Tukaram Jamadade
and Vishnu Shivaji Vibhute had participated in
the assault launched by Dhanaji Farne. The two
applicants are alleged to have beaten the
victim with fists and kicks while Dhanaji Farne
used a stick. The learned APP submits that the
case of applicant Sachin is distinguished from
that of Adhik Tukaram Jamadade and Vishnu

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3 CAG-2775.10

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Shivaji Vibhute who have been bailed out by
this Court since Sachin had also made telephone
calls to the victim�s brother. Mere making of
telephone calls would not aggravate the role of
Sachin in the assault and merely because he
made telephone calls in spite of the fact that
he had only used fists and kicks in assaulting
the victim, he could not be kept behind bars
pending the trial when others similarly
situated have been bailed out. In view of this,
both these applications are allowed. The
applicants be released on bail on their
executing P.R. Bond of Rs.15,000/- each with
one surety in the like amount. The shall attend
the concerned police station once in a week on
every Sunday between 10:00 a.m. to 12:00 noon
till conclusion of the trial. Needless to say,
the observations made herein shall not be
construed as any finding or any expression of
opinion on the merits of the case at the time
of trial. The applications stand disposed of.

Subhash Sambhaji Madne v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Subhash Sambhaji Madne v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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