Allowed

Audhut Adelu Mutnewad v. the State of Maharashtra

Bombay HC27 Jan 2011APPLN/5/2011

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed a criminal bail application. The single judge granted bail to the accused, considering witness statements that cast doubt on his active role, his lack of criminal record, and his willingness not to reside in the village during the trial.

What did the court decide?

Accused released on bail on furnishing a Police Report bond and surety of Rs.40,000/- with conditions to attend police station weekly and not reside in Tembhi till conclusion of trial.

Audhut Adelu Mutnewad Vs the State of Maharashtra — Bail and Remand | Bombay HC (2011)

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CR.APL NO.5/2011

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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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5. CRI.APPLN /5/2011 AUDHUT ADELU MUTNEWAD 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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 Orders

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Mr. S.C.Bhosale, Adv., for the
applicant.

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Mr.N.B.Patil, APP for State.

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...

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CORAM: K.U.CHANDIWAL, J.
 DATE: 27.1.2011

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1.Heard learned Counsel for the
accused. The accused is in custody
from 15.8.2010. The incident with

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Digambar happened on the road
wherein it is alleged that the
accused/applicant has controlled
deceased Digambar by catching his
collar while Maroti stabbed him at
abdomen. Resultantly, he
succumbed. The event was witnessed

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by Rama Madhav Patil, Kanba
Vishwambar Populwad. Several other
witnesses have also seen the event.

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2.Counsel submits, the naming of
the present accused/applicant is a
politically motivated action by the
interestedpersons.The

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2 CR.APL NO.5/2011

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accused/applicant,whetherhad,

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indeed, caught the collar of the
deceased, to facilitate stabbing by
Maroti, is under cloud, as the two
eye witnesses in their statement
under Section 164 Cr.P.C. are not
clear and rather have given a clean
chit to the accused/applicant.

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3.Learned A.P.P. submits, the
brutality involved in committing the
offense is writ large. Maroti,
since the date of stabbing Digambar,
is absconding.

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4.The survey of above facts
illustrates, even if there was some
earlierbrawlbetweenthe

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accused/applicant with his associate
Maroti against deceased Digambar,
however, the role played by the
accused/applicant of catching collar
is tried to be shattered by the two
witnesses. The accused has no
criminal record. Counsel also
accepted that the accused/applicant
will not be staying in the said
village till conclusion of the
trial. The above facts makes the
accused/applicant eligible to be

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CR.APL NO.5/2011

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released on bail.

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ORDER

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(a)The accused/applicant Audhut s/o
Adelu Mutnewad be released on bail
on his furnishing P.R. bond and
surety in the sum of Rs.40,000/-
( Rs. fourty thousand). The
accused/applicant shall attend the
investigator at Himayatnagar Police
Station, dist. Nanded, on every
Sunday between 6 p.m.to 8 p.m. till
Dec., 31st, 2011.

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(b)The accused/applicant shall not
live in Tembhi, taluka Himayatnagar,
dist. Nanded, till conclusion of
trial. The accused applicant shall
give his changed address to the
investigator within a week after his
release, including contact number.

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Application allowed.

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(K.U.CHANDIWAL)
 JUDGE

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...

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agp/5-11crapl

Audhut Adelu Mutnewad v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Audhut Adelu Mutnewad 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

Parties & counsel

Coram

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