Single bench criminal application for bail. Court allowed bail on execution of surety bond considering applicant's role as cultivator and lack of prior criminal record against him.
Allowed bail on execution of P.R. Bond in the sum of Rs.50,000/- with two or more sureties in the like amount.
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.
193ba117.12.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (BA) NO.117 OF 2012 (Ravindra @ Ravi Diwakarrao Mule .vs. State)
.................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr.S.Manohar, Adv. for the applicant. Mr.V.A.Thakare, A.P.P. for the respondent/State.
CORAM : A.P. BHANGALE, J . DATED : 19th March, 2012.
Heard.
The present applicant has prayed for grant of bail in connection with Crime No.311 of 2011 reported at Police Station, Wardha (City), under Sections 307, 397, 386, 452, 509 of the Indian Penal Code read with Sections 27 and 3/25 of the Arms Act. According to the learned Advocate for the applicant, the allegations against the applicant are baseless. According to him, the applicant is innocent and is falsely implicated; but, due to political enmity and personal grudge between the family of the complainant and the applicant, the applicant was charge-sheeted along with one Mahesh Thakur, who is allegedly involved in the serious crime. It is further submitted that the
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charge-sheet is already filed against the applicant and custody of the applicant is no longer necessary.
The learned A.P.P. has strong objection for grant of bail on the ground that the applicant was prosecuted along with the said Mahesh Thakur and provisions of the MCOC Act were invoked against Mahesh and his associates. It is claimed that the applicant is associate of Mahesh Thakur. However, prima facie, although, according to the learned A.P.P., there are many cases reported against Mahesh Thakur and one Prashant Naktod, no such statement is pointed out regarding past criminal cases reported or past conviction against the applicant in any criminal case.
Considering the statement of the learned Advocate for the applicant that the applicant is a cultivator at Wardha, particulars were sought regarding the agricultural land held by him, which are furnished on 16.3.2012 along with the praecipe. According to the learned Advocate for the applicant, the mother of the applicant holds agricultural land bearing Survey No.449/2 at Kharangana, Tq. And District Wardha admeasuring 1.62 hectares and the said land is under cultivation of the present applicant on behalf of his mother. Accordingly, certificate from the Sarpanch of Panchayat Samiti concerned is also appended to the praecipe, apart from copy of the ration card showing that the
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applicant is residing with his mother and other family members. Under these circumstances, I am inclined to grant conditional bail to the applicant. Hence, the order.
In connection with Crime No.311 of 2011 reported at Police Station, Wardha (City), under Sections 307, 397, 386, 452, 509 of the Indian Penal Code read with Sections 27 and 3/25 of the Arms Act the applicant be released on bail on his executing a P.R. Bond in the sum of Rs.50,000/- with two or more sureties in the like amount.
The applicant/accused shall attend the Investigating Officer whenever required.
The applicant shall not commit any crime while on bail.
He shall inform his address and change in address, if any, with his Telephone Number/Cell Number, if any, to the Investigating Officer and shall co-operate with him.
He shall not tamper with the prosecution evidence in any manner.
The Criminal Application is allowed accordingly.
JUDGE
jais
1 issue framed by the court
Whether the application for bail in a case involving attempt to murder and arms offences should be allowed.
2 provisions across 2 enactments
Ravindra @ Ravi Diwakarrao Mule
State
A.P. BHANGALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
