Criminal Application for bail. The High Court, considering the nature of injuries sustained by the complainant and the weapon used by a co-accused, directed the release of the applicant on bail with security amounting to Rs 25,000.
Application allowed; applicant released on bail in C.R. No. 47/2012 upon furnishing PR & SB of Rs. 25,000/-.
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 AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2296 OF 2012
Gaus Nisar Shaikh Age : 22 years, Occ : Labour, R/o Paranda, Tq. Paranda, Dist. Osmanabad.
....APPLICANT
Versus
The State of Maharashtra
....Respondent.
Mr. H.I. Pathan, advocate for the applicant.
Mr. R.P. Phatke, APP for the respondent/State.
CORAM : T. V. NALAWADE, J. DATED : 25th June, 2012.
PER COURT :
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friends Sachin, Amar and Sagar and when they were present in the hotel, the applicant came there, saw them and left hotel. The allegations are made that the applicant then returned to the hotel with Indrajit Mahadik and three friends of Indrajit from Pune. The allegations are made that Indrajit Mahadik used chopper against the complainant and gave many blows of the chopper on the person of the complainant. The allegations are made that the applicant was instigating to others to finish the complainant.
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Station, Tq. Paranda, Dist. Osmanabad for the offence punishable under Sections 307, 147, 148, 149 of the Indian Penal Code and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, on his furnishing PR & SB of Rs. 25,000/- (Rs. Twenty Five thousand). He is not to tamper with the prosecution witnesses and he is not to commit similar offences.
[ T. V. NALAWADE, J. ]
sga/
3 issues framed by the court
Whether bail should be granted to the applicant in offences punishable under Sections 307, 147, 148, 149 of IPC and Section 3(2)(5) of SC/ST Act.
Whether the injuries on the complainant were serious enough to preclude bail for the accused.
Whether the facts disclosed in the investigation papers warrant granting bail.
2 provisions across 2 enactments
Gaus Nisar Shaikh
The State of Maharashtra
T. V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
