In both bail applications concerning a murder case where the trial had commenced, Justice M.T. Joshi dismissed the applications despite the applicants' counsel's submissions, denying immediate release.
Criminal applications dismissed; liberty to re-apply if trial exceeds three months without fault of applicants.
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.
4110-12-crappln.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.4110 OF 2012
Sarubai w/o. Kashinath Sadare ..Applicant Versus The State of Maharashtra and ors. ..Respondents
Mr.S.W.Munde, advocate for applicant.
Mr.D.R.Kale, APP for respondent no.1 State.
Mr.N.B.Khandare, advocate for respondent no.2.
CORAM : M.T.JOSHI, J. DATED : SEPTEMBER 27, 2012.
P.C. :
For the reasons stated in the application, application is allowed. Applicant is permitted to assist the APP.
[M.T.JOSHI, J.]
kbp
4110-12-crappln.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3910 OF 2012
Mangesh s/o. Pandurang Gund ..Applicant Versus The State of Maharashtra and ors. ..Respondents WITH CRIMINAL APPLICATION NO.3999 OF 2012 Sanjay s/o. Dinkarrao Kakde ..Applicant Versus The State of Maharashtra and ors. ..Respondents ......... In both applications : Mr.N.B.Khandare, advocate for applicants. Mr.D.R.Kale, APP for respondent no.1 State. Mr.S.W.Munde, advocate to assist the APP. ......... CORAM : M.T.JOSHI, J. DATED : SEPTEMBER 27, 2012.
P.C. :
4110-12-crappln.odt
Heard both sides.
2] Present applicants who are arrested by Ambejogai City Police Station, Tq.Ambejogai, Dist.Beed in Crime No.46 of 2012 for the offence punishable under Section 302 read with 34 of Indian Penal Code, are praying for their release on bail.
3] Deceased Ganesh Sadare died due to receipt of stab injuries etc. in the night between 22nd April, 2012 and 23rd April, 2012 on road. His mother filed complaint on the next day suspecting that some other persons than the present applicants might have killed the deceased as there were monetary transactions between deceased and those persons. During investigation, Investigating Officer found that at least 5-6 persons have seen the present applicants accompanying the deceased at 11 pm. and thereafter. It is alleged that the present applicants had also certain monetary transaction with the deceased.
4] Learned counsel for the applicant submits that mother of deceased had not involved the present applicants in the crime at all. The statement of witnesses would show that they only learnt from the police regarding monetary transactions. The applicant in Criminal Application No.3999 of 2012 i.e.Sanjay s/o. Dinkarrao Kakde is a student and has to appear for examination. The investigation is complete and hence, learned counsel for
4110-12-crappln.odt
the applicants submits that the applications be allowed and the applicants be released on bail.
5] Learned APP as well as learned counsel assisting the learned APP submit that, in fact, the trial is likely to begin as the charge is framed. However, they submit that there is prima facie evidence against the applicants of commission of murder of deceased and hence, applications be dismissed and applicant be not released on bail.
6] Considering the fact that the trial has already begun, present applications deserves to be dismissed with liberty to the applicants to file similar applications on the same set of facts, in case the trial could not be completed within three months for the reasons not attributable to the present applicants.
7] In the circumstances, following order :-
Criminal Applications are dismissed. Applicants are at liberty to file similar applications on same set of facts in case, the trial could not be completed within a period of three months for the reasons not attributable to the present applicants.
[M.T.JOSHI, J.]
kbp
2 issues framed by the court
Whether an applicant accused of murder under Section 302 IPC should be granted bail when the trial has commenced.
Whether the delay attributable to authorities warrants a conditional release.
1 provisions across 1 enactments
Sarubai w/o. Kashinath Sadare
The State of Maharashtra
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court