In this criminal bail application, the Bench examined the FIR and investigation statements which indicated the applicant and the deceased fought together and jointly held the victim. The court found a prima facie case existing against the applicant and rejected the bail plea.
Bail application rejected; applicant not released.
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
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.144 OF 2011
Sitaram Sampate Kate ... Applicant Versus The State of Maharashtra ... Respondent
Mr. Jaydeep D. Mane, for the applicant Mrs. R. V. Newton, APP for the State
CORAM:- A.M. THIPSAY, J.
DATED :- 29th June, 2011.
P.C. :
and Mrs. Newton, the learned APP for the State.
witnesses that came to be recorded by the investigating agency, the presence of the applicant on the spot, at the time of assault, cannot be doubted. A role has been attributed to the applicant in the incident, that the applicant and his wife- co-accused- Taramati, are said to have
jpc ba144-11.sxw
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held the deceased when the fatal blow is said to have given to him by the son of the applicant and co-accused Taramati- Deepak alias Anna. The contention advanced by Mr. Mane that this applicant has not actually given blow to the victim and that therefore, he deserves to be released on bail cannot be accepted. If the statements recorded during the investigation are taken at face value, they clearly indicate that the applicant had actively assisted the said Deepak alias Anna in the incident of assault. The applicant and other accused had gone to the place where the offence took place, together, and had left that place together.
5. The Bail Application is rejected.
( A.M. THIPSAY, J.)
1 issue framed by the court
Whether the applicant should be released on bail given the prima facie evidence of his active participation in the fatal assault.
Sitaram Sampate Kate
The State of Maharashtra
A.M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
