The High Court at Aurangabad rejected a bail application in a bank heist case. The court held that the seizure of a motorcycle from the appellant and prima facie evidence of mobile traces and concert with principal accused established connectivity, precluding release on bail.
Application for bail rejected; no case for release.
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.6/2011
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
V/S
THE STATE OF MAHARASHTRA
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders
Mr. A.N.Nagargoje, Adv., for
the applicant.
Mr. V.H.Dighe, APP for State.
...
CORAM: K.U.CHANDIWAL, J.
DATE: 27.1.2011
1.Heard learned Counsel for the
applicant. In a case of Bank
heist, the accused/applicant who is
in custody, seeks release on bail.
2.Learned Counsel submits,
seizure of the motor cycle from the
accused/applicanthasno
connectivity with the vehicle used
in commission of the offense as the
vehicle No.MH-17-AB 1261 has been
taken charge from other accused.
3.The investigation at this stage
illustrates, there was concert
between the accused/applicant with
principal accused. The accused
coordinated movements of the persons
2 CRI.APL. NO.6/2011
occupying Indica Car carrying Bank
money to the extent of Rs.
55,00,000/- ( Rs. Fifty five lacs).
Recovery from other accused by
itself will not absolve, at this
stage, the present accused/applicant
his connectivity at the material
time which is established from
mobile user and its traces.
3.No case to release the
accused applicant on bail. The
observations are prima facie in
nature. Application rejected.
(K.U.CHANDIWAL)
JUDGE
...
AGP/6-11crapl
2 issues framed by the court
Whether bail should be granted to an accused accused of a bank heist allegation where a motorcycle was seized from him despite lack of direct connectivity to the vehicle used in the offense.
Whether prima facie evidence of connectivity with main accused and mobile user traces establishes sufficient case to deny bail in a bank heist case.
Balu Eknath Kedar
The State of Maharashtra
K.U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court