In a criminal application for pre-arrest bail, a single judge granted interim protection to certain accused as absolute bail, finding their role minimal compared to the main accused, while keeping interim orders against others pending.
Interim protection against arrest granted to applicants 1 and 4 to 8 is made absolute.
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.
1
Cri. Application No.5171/2010
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.5171 OF 2010
Sindhubai w/o Kakasaheb Jadhav & ors.
... APPLICANTS
VERSUS
The State of Maharashtra & anr.
... RESPONDENTS
Shri N.G. Shah, Advocate for the applicants Shri V.H. Dighe, A.P.P. for the respondents
CORAM : K.U. CHANDIWAL, J.
DATE : 24th January, 2011
PER COURT :
moved by applicant No.2 Ashok and applicant No.3 Sheshrao is rejected, while other accused – applicant Nos.1 and 4 to 8 are concerned, interim protection was granted which is in force. There is no grievance of any overt act or influence exerted by the accused/ applicants herein. Learned A.P.P. submits, the nature of injuries suffered by Kondiram and Lahanubai informs of brutality in the nature of assault, grievous injuries are caused and hence, according to him, the accused do not deserve pre-arrest bail.
Having gone through the F.I.R., I find the role attributed
2
Cri. Application No.5171/2010
to the applicant Nos.1 and 4 to 8 is very minimal. Some of them have inflicted fist blows. There is no element of any instigation on or at the behest of these applicants. Even full names are not attributed in the F.I.R. The controversy relating to immovable property is surfacing between Kakasaheb and Suryabhan. Kakasaheb Jadhav has suffered the brunt being enjoyed custody and subsequently released on bail. In the above matrix of the matter, the ad-interim relief granted to applicant Nos.1 and 4 to 8 is made absolute. They would be causing appearance before the investigator whenever so needed, shall not influence the witnesses, nor coerce them. Application allowed.
K.U. CHANDIWAL JUDGE
fmp/cri5171.10
1 issue framed by the court
Whether interim protection against arrest granted to applicants concerned with minimal role in the assault can be made absolute.
Sindhubai w/o Kakasaheb Jadhav & ors.
The State of Maharashtra
K.U. Chandiwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
