Application for bail in a murder case where the victim is alleged to have died after drowning thrown into a well following illicit relations. Court allowed bail with stringent conditions.
Accused released on furnishing P.R. bond and surety of Rs. 25,000 with stringent conditions of residency, police attendance, and no witness influence.
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.
CRI.APL.NO.19/2011
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
8. .CRI.APPLN/19/2011 (WALMIK V/S THE STATE )
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mr.N.L.Jadhav, Adv., for the
applicant.
Mr. K.M.Suryawanshi, APP for
State.
...
CORAM: K.U.CHANDIWAL, J.
DATE: 12.1.2011
1.Heard. Notice. Learned A.P.P.
waives notice. Learned A.P.P. is
equipped with investigation papers.
2.Heard. The accused in custody
since 9.9.2010, in Crime No.I.
188/2010 for an offense under
Sections 302, 370, 201 read with 34
of IPC, seeks bail.
3.The allegations display, the
accused had illicit relations with
his cousin due to which she remained
pregnant, carrying seven months
pregnancy. The accused/applicant,
allegedlysmotheredherand,
thereafter, she was thrown in a
well. The illicit relations of the
CRI.APL.NO.19/2011
2
accused were communicated by the
victim to her mother few days before
death.
4.There is no evidence, primarily,
the prosecution could collect, to
show that the accused was seen in
the company of the victim or he
lastly carried her to any isolation.
It is, indeed, correct, the accused
hails from same village and is close
relation of the crumbled family of
the victim. It is difficult to
digest, the accused would be
influencingthewitnesses.
Chargesheet is filed.
5.Takingsurveyofthe
accusations, the accused/applicant
deserves to be released on bail,
with stringent conditions.
ORDER
(a)The accused/applicant ( Walmik
Shridhar Jadhav) be released on
furnishing P.R. bond and surety in
the sum of Rs.25,000/- (Rs. twenty
five thousand).
(b)The accused/applicant, after his
release, shall not live in the
village Telangshi. He will reside at
Jamkhed city till conclusion of
trial.
3 CRI.APL.NO.19/2011
(c)The accused/applicant shall
record is attendance on every
alternate Sunday between 4 to 8 p.m.
with Jamkhed Police Station for
which necessary record will be
maintained by the concerned Police
authorities,tillcompletionof
trial.
(d)The accused will not influence
the witnesses.
Any breach of the terms will
entail cancellation of the bail.
The order to be communicated to
the In Charge of the Jamkhed Police
Stationtoensurescrupulous
attendance of the accused/applicant.
Application allowed as above.
(K.U.CHANDIWAL)
JUDGE
...
AGP/19-11crapl
2 issues framed by the court
Whether the accused deserving of bail under stringent conditions given the nature of allegations involving murder and illicit relations.
Whether lack of direct evidence regarding the accused's involvement with the victim precludes refusal of bail.
1 provisions across 1 enactments
Walmik Shridhar Jadhav
The State
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court