Allowed

Maruti Nivrutti Gawali v. the State of Maharashtra and Anr.

Bombay HC22 Oct 2012BA/1556/2012

Case brief

AI extract

What is this about?

In this bail application concerning offences under Sections 307, 323, 504, 427 IPC, the High Court granted bail. The applicant, accused of instigating co-accused to assault an informant (who caused no injury), was released on furnishing a bond, considering his age and the incident's genesis.

What did the court decide?

Released on bail on furnishing P.R. bond of Rs. 25,000/- with sureties aggregating to Rs. 25,000/- and appearing on Sundays.

Maruti Nivrutti Gawali Vs the State of… — Murder and Culpable Homicide | Bombay HC (2012)

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BA 1556 OF 2012

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vks

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1556 OF 2012

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Maruti Nivrutti Gawali

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.. Applicant.

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V/s.

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The State of Maharashtra etc.2

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.. Respondents

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Ms. Sheron Patole i/by Mr. Subhash Hulyalkar, for the Applicant Mrs. G. P. Mulekar, APP for the Respondent - State

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CORAM : R.C.CHAVAN, J.

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DATE : 22nd October, 2012

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P.C.

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This is an application for bail by accused No.3 who has been arrested for the offence punishable under Section 307, 323, 504, 427 read with Section 34 of the Indian Penal Code registered as Crime No.261 of 2012 at Bhosari Police Station, Pune. The allegation is that the first informant found that the accused Nos 1 and 2 were having quarrel with one Satish the brother of the first informant. First informant caught hold of accused Nos 1 and 2 and taken them to the present applicant. The first informant then turned back, accused Nos 1 and 2 followed him and assaulted him. The applicant is alleged to have told the accused Nos 1 and 2 not to leave the first informant and instigated them to beat him. However, there was

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BA 1556 OF 2012

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no assault as a result of this instigation, since by that time crowd had gathered. The learned APP submits that even if there is no assault as a result of instigation by the applicant, the fact that the applicant instigated the co-accused should be enough to deny bail to applicant. Since the blows were already administered by the co-accused, considering the age of the applicant and genesis of the incident, no useful purpose would be served by detaining the applicant in prison pending further investigation. The application is, therefore, allowed. The applicant arrested in connection with above crime, be released on bail on his furnishing P. R. bond in the sum of Rs.25,000/with one or more solvent sureties in the sum aggregating to Rs.25,000/- on the condition that he shall report at the police station concerned on every Sunday between 10.00 a.m. to 1.00 p.m.till the chargesheet is filed.

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Maruti Nivrutti Gawali v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Maruti Nivrutti Gawali v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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