Allowed

Chhabilal Shamrao Patil v. the State of Mah

Bombay HC13 Feb 2012APPLN/198/2012

Case brief

AI extract

What is this about?

The Bombay High Court allowed the bail application of an accused charged under Section 302 read with Section 34 IPC. The court observed that the prosecution case relied solely on a single witness and lacked an eyewitness, casting a cloud of doubt over the circumstances of last seen relative to the time of death.

What did the court decide?

Application allowed; personal bond and surety bond of Rs.15,000/- required.

Chhabilal Shamrao Patil Vs the State of Mah — Bail and Remand | Bombay HC (2012)

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CriApln198/12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.198 OF 2012

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Chhabilal s/o Shamrao Bhil

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Applicant

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V E R S U S

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The State of Maharashtra

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Respondent

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Shri Hitendra D. Patil, Advocate for the applicant
Shri S.G. Nandedkar, APP for the respondent/State

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 CORAM : A. H. JOSHI, J.
 DATED : 13TH FEBRUARY, 2012

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PER COURT :

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1.Applicant is named as accused in Crime No. 77

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of 2011 of Police Station, Songir, District Dhule, under
Section 302 read with Section 34 of the Indian Penal
Code.

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2.There is no eyewitness of the incident. Death

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is on account of head injury. The prosecution has relied

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on one witness in relation to a circumstance of last
seen. The approximate time of death is within 24 hours

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from the time of postmortem examination, which comes to
around 09.00 a.m. on 15th September, 2011.

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2 CriApln198/12

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3.The witness of last seen narrates the incident

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of having last seen which is within 12 hours from the
postmortem examination. The incident of last seen is not
shown to be proximate to the time of death. The
prosecution case, therefore, prima facie, comes under
cloud of doubt.

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4.In this situation, applicant is entitled to be
released on bail. This application is allowed in terms
of prayer clause ‘B’. The personal bond and surety bond
shall be Rs.15,000/- (Rupees Fifteen Thousand).

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SRM/13/2/12

Chhabilal Shamrao Patil v. the State of Mah

Case brief

What is this about?

What did the court decide?

Chhabilal Shamrao Patil v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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