Allowed bail for the applicant in a murder case due to lack of eyewitness evidence and poor medical report, imposing territorial restrictions on his movement.
Released on bail with security of Rs. 15,000/-, prohibition on entering the village of Navgan Rajuri until disposal of the case.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2884 OF 2011
1] Achyut S/o Manjinath Lagad .. APPLICANT
Vs
1] The State of Maha. ...RESPONDENT
Shri S.S.Thombre, Adv.for applicant. Shri N.H.Borade,APP for R-State.
CORAM : T.V.NALAWADE,J.
DATE : 27/07/2011
ORAL ORDER:
1] This application is filed for bail in Crime No.51/2009 registered
in Patoda Police station, Tq.Patoda, Dist.Beed for offences punishable under Sections 302, 201 r.w. 34 of I.P.C. Crime was registered on the basis of direction given by J.M.F.C. He made investigation u/s 156 of Cr.P.C. Private complaint was filed by real brother of deceased. Papers of investigation were made available. Both sides are heard.
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2] Advocate for the applicant submitted that this Court has granted relief to Shaikh Shabbir, who is shown as accused in this crime. Copy of order dated 1/7/11 is produced. Reliance was placed on missing report given by complainant to police on 5/5/09 in which it is not mentioned that he had seen the persons who are named as accused in the private complaint as the persons in the company of deceased as last seen. Papers show that doctor could not give the opinion regarding the cause of death. Body was in highly decomposed condition and it was taken from a lake. Some portion of the body was nibbled by aquatic animals. Till today, no other evidence is collected by the police. Applicant is behind bars since 13/4/2011. So this Court holds that relief can be given.
3] Application is allowed. Applicant is to be released on bail in Crime No.51/2009 registered in Patoda Police station, Tq.Patoda, Dist.Beed for offences punishable under Sections 302, 201 r.w. 34 of I.P.C., on his furnishing PR and SB of Rs.15,000/-. Applicant shall not tamper with prosecution witnesses. Applicant is not to enter village Navgan Rajuri, Dist. Beed, till disposal of the case which is filed against him. He is allowed only to attend the Beed Court on the date fixed by Court.
[T.V.NALAWADE,J.]
umg/criapln2884-11
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2 issues framed by the court
Whether the applicant is entitled to bail considering the changes in medical evidence and lack of identification evidence against other accused.
Whether special conditions regarding territorial restraint are appropriate to grant bail in this murder case.
Colour shows how this judgement treated each authority
relief to Shaikh ShabbirReferred¶14
2 provisions across 2 enactments
Achyut
The State of Maharashtra
T.V.NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
