In a bail application under sections 302, 34, and other sections of the IPC, the court rejected the plea for eligibility based on the wife's release on statutory grounds for women and the denial of a fatal blow on the grounds of common intention and eye witness statements.
Bail application rejected. The applicant is not entitled to bail.
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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FARAD CONTINUATION
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5351 OF 2009
Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's Orders
Court's or Judge's Orders
Mr. U.R. Agandsurve for the applicant. Mrs. M.R. Tidke, A.P.P. for the State.
CORAM : D.G. KARNIK, J. DATE : 20TH JANUARY 2010
P.C. :
applicant.
bail in connection with C.R. No. 60/2009 registered at Kurduwadi Police Station, Solapur (now Sessions Case No.140 of 2009) for an alleged offence punishable under sections 302, 143, 147, 148, 149 and 506 of the I.P.C.
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5. Counsel for the applicant submitted that
the applicant’s wife has been released on bail. Role of the applicant and his wife are no different and therefore the applicant deserves to be granted bail.
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cannot be granted bail. The application is accordingly rejected.
(D.G. KARNIK, J.)
2 issues framed by the court
Whether parity of treatment with the applicant's wife, released on bail as a woman, entitles the male applicant to bail in a case involving sections 302 and 34 of the IPC.
Whether the grant of bail when the applicant is accused of common intention and where eye witnesses named him, despite the fatal blow being inflicted by an allegedly uncharged co-accused, is legally t
8 provisions across 2 enactments
applicant
State
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
