In bail applications, the High Court allowed release on bond for two applicants charged under sections 395, 341, 120(B), 109 r/w. 34 IPC, relying on a similar earlier order.
Release on bail on furnishing PR, SB of Rs. 25,000 and one solvent surety, with standard undertaking.
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. Appln. 4588-2012+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.4588 OF 2012
Rohidas @ Haridas S/o Suryakant Gunjal Applicant
Versus
The State of Maharashtra Respondent
AND
CRIMINAL APPLICATION NO.4589 OF 2012
Santosh S/o Rabaji Mohite Applicant
Versus
The State of Maharashtra Respondent
Mr. Ajit S. Zarekar, Advocate for the Applicants.
Mr. P.N. Muley, A.P.P. for the Respondent-State.
CORAM : M. T. JOSHI, J.
DATED : 2ND NOVEMBER, 2012
ORAL ORDER:
1. Heard both sides.
2.The present applicants, who are arrested in
crime no.466 of 2010 registered with Pathardi Police
Station, Tq. Pathardi, Dist. Ahmednagar for the offence
punishable under section 395,341,120(B),109 r/w. 34 of the
Indian Penal Code, are praying for their release on bail.
3.Learned counsel for the applicants points
towards the order passed in the same crime by another
learned Single Judge of this Court in Criminal Application
no.2299 of 2011 dated 1.7.2011, wherein similarly situated
accused Sachin was released on bail.
(2) Cri. Appln. 4588-2012+
4.In the circumstances, the present Applications
are allowed. The applicants be released on bail in crime
no.466 of 2010 registered with Pathardi Police Station,
Tq. Pathardi, Dist. Ahmednagar for the offence punishable
under section 395,341,120(B),109 r/w. 34 of the Indian
Penal Code, on their furnishing PR and SB of Rs.25,000/-
(Rupees Twenty Five Thousand) each with one solvent
surety. The solvent surety is to be of the Tehsil in
which the place of residence of applicants is shown.
They are not to tamper with the prosecution witnesses.
arp/
2 issues framed by the court
Whether to grant bail to applicants charged with offences under sections 395, 341, 120(B), 109 r/w. 34 of the Indian Penal Code.
Whether bail orders passed in identical facts by a coordinate judge can be relied upon.
6 provisions across 1 enactments
Rohidas @ Haridas S/o Suryakant Gunjal
Santosh S/o Rabaji Mohite
The State of Maharashtra
M. T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court