Dismissed

Dharamendra Indarsingh @ Sattar Bhosale and Ors. v. the State of Maharashtra

Bombay HC22 Feb 2011APPLN/140/2011

Case brief

AI extract

What is this about?

In a bail application challenging conviction in a robbery and murder case, the court refused release due to the brutality of the offense (one death), the pendency of the trial, and the flight risk, holding that a further application was not warranted.

What did the court decide?

Bail application dismissed. No order warranted on identification parade or interim custody.

Dharamendra Indarsingh @ Sattar Bhosale and Ors. Vs the… — Cheque Dishonour | Bombay HC (2011)

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CR.APL NO.140/2011

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FARAD CONTINUATION SHEET NO.

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE, BENCH AT AURANGABAD

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APPLN/140/2011 DHARAMENDRA INDARSINGH @ [Criminal] SATTAR BHOSALE AND ORS

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V/S THE STATE OF MAHARASHTRA

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Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders

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Mr. A.K.Bhosale, Adv., for the
applicants.

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Mr. K.S.Patil, APP for State.

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...

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CORAM: K.U.CHANDIWAL, J. DATE: 22-2-2011

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1.Heard extensively. The

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complainant, on 27.6.2010, at about 9
p.m., while he was driving a vehicle
bearingNo.MH-13-N3027,carrying
passengers, on the way at Soygaon to
Banoti road, near a brook, 5/6
unknown persons created hurdles by
putting logs/leaves and pelt stones
on the vehicle. The culprits were
holding lethal weapons, sticks, axes,

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they assaulted almost all the
occupants, robbed around Rs.67,500/-
which the occupants were possessing,
including ornaments. The brutal
assault to one Raju Pawar resulted in
his death due to extra dural
hemorrhage caused due to head

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2 CR.APL NO.140/2011

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injury, giving rise to FIR against
unknownpersons,withtheir
description. The informant also
informed that he will be able to
identify the culprits since he has
seen them in the vehicle at the
material time.

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2.The accused/applicants were
arrested in another Crime by Gangapur
Police Station on 11.8.2010. Based
on communication, the accused were
referred to Soygaon Police in the
present crime, which was after six
days. In an identification parade
held on 16.9.2010, the witnesses have
allegedly identified the accused with
specific role as to in what manner
they have carried the activities.

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3.LearnedCounselforthe
accused/applicant submits, the test
identification parade is a farce as
photographs of the suspects were
already affixed to the Panchnama,
they were even flashed at Police
Station, the accused suspects were
carried during the remand in un-
muffled condition and, consequently,
fragility of the evidence will not

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CR.APL NO.140/2011

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bring home guilt to the accused.

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4.Counsel also submits, there is
nothing that is recovered from the
accused/applicantsandsince
chargesheet is filed, further custody
not warranted.

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5.LearnedCounsel,passingly
accepted that several crimes are to
the credit of the accused/applicant,
in one of them, by virtue of Section
169 Cr.P.C. they have been discharged
by Gangapur Court in Crime No.
108/2010, referred above.

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6.The brutality in which the
offense has taken place and as other
associates of the accused/applicant
are yet to be traced, filing of
chargesheet by itself will not be
makingtheaccused/applicants

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entitled to seek release on bail. The
passenger, for no reason, lost his
life, to satisfy lust/greed of the
accused/applicants in the event of
robbery.

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Applicationlacksmerit,

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dismissed.

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...

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AGP/140-11crapl

Dharamendra Indarsingh @ Sattar Bhosale and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Dharamendra Indarsingh @ Sattar Bhosale and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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