Bail application under CrPC allowed. Court held the accused played a minimal role, possibly not even as an abettor, due to delay and lack of direct evidence against him.
Application allowed; applicant to furnish personal and surety bond in the sum 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.
1 CriApln931/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.931 OF 2012
Mallinath Dattatraya Bhange
Applicant
V E R S U S
The State of Maharashtra
Respondent
Shri P.V. Barde, Advocate for the applicant
Shri D.R. Kale, A.P.P. for the respondent/State
CORAM : A. H. JOSHI, J.
DATE : 12TH MARCH, 2012
PER COURT :
1. This is an application for regular bail.
2.Applicant is named as accused in Crime No. 114 of
2011 of Murum Police Station, registered under Sections 326,
325, 324, 341, 147, 148, 149, 504 of I.P.C.
3.Accusation against the present applicants is of
instigation. One amongst the witnesses Mr. Amol Kamble has
named the accused in the supplementary statement. It is seen
from the words which are attributed as instigating, are
uttered by him while the applicant was present in the field
where the crop of yellow gram crop was standing. There is no
2 CriApln931/12
role attributed to Pandit Mandale and the present applicant.
4.The value of statement of Amol Kamble gets
undermined due to delay.
5.In this background and on what prima facie emerges,
role of applicant is minimal, and may not be even that of an
abettor. Therefore, the applicant is entitled for the relief
sought.
6.This application is allowed in terms of prayer
clause ‘A’. Applicant shall furnish personal bond and surety
bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand).
SRM/12/3/12
1 issue framed by the court
Whether the applicant is entitled to regular bail in a case involving instigation and affray.
1 provisions across 1 enactments
Mallinath Dattatraya Bhange
The State of Maharashtra
A. H. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court