Partly allowed

Vinod Soma Malche (Bhil) and Anr. v. the State of Mah

Bombay HC5 Mar 2012APPLN/687/2012

Case brief

AI extract

What is this about?

Single judge criminal application for bail under Sections 439 CrPC/107 CrPC (implied). Court reduced role of applicant 1, holding no bail without prejudice. Granted bail to applicant 2 (older) on personal and solvent surety bond of Rs. 25,000.

What did the court decide?

Bail granted to applicant No. 2 on personal bond and solvent surety of Rs. 25,000; bail denied to applicant No. 1.

Vinod Soma Malche (Bhil) and Anr. Vs the State… — Murder and Culpable Homicide | Bombay HC (2012)

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crap687.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 687 OF 2012

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`1.`	`Vinod Soma Malche (Bhil),`
	`age 27 years,`
`2.`	`Soma Budha Malche,`
	`age 62 years.`	`...Applicants`
	`VERSUS`
`The`	`State of Maharashtra`	`...Respondent`

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.....
Shri Satej S.Jadhav, advocate for the applicants
Shri S.B.Pulkundwar, A.P.P. for respondent
.....
CORAM : A.H.JOSHI, J.
DATED : 05.03.2012.
PER COURT:-

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1. This is an application after filing of charge sheet.

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2.Applicants are amongst accused persons named in

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Crime No. 189 of 2011, registered at Dharangaon police
station, Taluka Dharangaon, District Jalgaon, for the
offences punishable under Sections 302, 324, 143, 147,
148, 149, 323, 504, 506 of the Indian Penal Code.

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3. Heard both the sides.

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2crap687.12

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4. Perused the charge sheet and annexures therewith.

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5.Role attributed against present applicant no.1
Vinod is that he had caught hold of victim while
accused no.1 had inflicted the stab injury.

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6.There is unanimity amongst the version of
witnesses in relation to role played by this applicant.

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7.The injury may not have been possible had the
applicant Vinod not caught hold of victim. The
applicant no.1 has no case for grant of bail.

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8.In so far as applicant no.2 is concerned, role
played by him is insignificant rather no role is played
by him in so far as offence under Section 302 of the
Indian Penal Code is concerned. His role is of having
assaulted other prosecution witnesses and of being a
member of unlawful assembly.

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9.Considering the age of the applicant no.2 and his
limited role of being a member of unlawful assembly, he
is certainly entitled for some latitude as regards
grant of bail.

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3crap687.12

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10.In this background, applicant no.2 be released on
bail on furnishing personal bond and solvent surety in
a sum of Rs.25,000/-.

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10.He shall appear on all dates in the trial.
Absence without getting order for exemption from the
court will entail cancellation of bail without
reference to this court.

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dbm/crap687.12

Vinod Soma Malche (Bhil) and Anr. v. the State of Mah

Case brief

What is this about?

What did the court decide?

Vinod Soma Malche (Bhil) and Anr. 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

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