The High Court allowed bail in a dacoity-and-casualty case, noting procedural gaps and the applicant's disclosure of recovered stolen property.
The applicant is ordered to be released on bail in the sum of Rs.30,000/ with one surety in 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.
BA-533-2012
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION N0.533 OF 2012
DEEPAK PRABHU GAIKWAD )...APPLICANT V/S. THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Jaydeep Mane Advocate for the Applicant.
Mr.H.J.Dedhia APP for the State.
CORAM: A.M.THIPSAY DATE : 18th APRIL, 2012.
P.C. :
Heard.
2 I have gone through the application, the First Information Report (FIR) and the statements recorded during investigation, that are annexed to the application.
3 The incident of dacoity in which death of one Chinnaswami was caused, took place on 22.7.2011. On the basis of a report lodged by the colleague driver of the said Chinnaswami – M.K.Kutty Gaudar – a case came to be registered vide C.R.No.101 of
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BA-533-2012
2011, on that day itself, i.e. on 22.7.2011. It appears that the applicant was arrested in some other case registered at the same Police station, namely, in C.R.No.5 of 2011, which was in respect of offences punishable under Sections 399 and 402 of Indian Penal Code (IPC). While in custody in that case, the applicant is said to have made a disclosure statement, pursuant to which, an amount of Rs.3,000/ was recovered. This amount of Rs.3,000/, is said to be a part of the robbed property, in the present case. The applicant was however, arrested in the present case, only on 3.8.2011, inspite of having allegedly made a disclosure statement on 24.7.2011 itself.
4 Even after his arrest, the applicant was not placed in Test Identification Parade, for getting his identity established.
5 Except one accused i.e. accused Umesh – who has been attributed the role of actually stabbing the said Chinnaswami, all the other accused have been released on bail.
6 Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail.
7 The applicant is ordered to be released on bail, in the sum of Rs.30,000/, with one surety in like amount.
(A.M.THIPSAY, J.)
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1 issue framed by the court
Whether the application for bail in a dacoity case causing death should be allowed considering procedural lapses and disclosure of recovered money.
1 provisions across 1 enactments
DEEPAK PRABHU GAIKWAD
THE STATE OF MAHARASHTRA
A.M.THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
