Allowed

Ankush Dattatry Dhore v. the State of Maharashtra

Bombay HC19 Apr 2012BA/537/2012

Case brief

AI extract

What is this about?

This single-judge criminal bail application concerns an accused in a murder case registered under Sections 302, 201 and 34 IPC. After noting the case details and comparing the evidence against the applicant with that against co-accused released on bail, the court finds no significant difference in material establishing the allegation. Consequently, the court releases the applicant on bail.

What did the court decide?

The applicant is ordered released on bail in sum of Rs.50,000/- with one surety in like amount.

Ankush Dattatry Dhore Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2012)

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BA-537-2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.537 OF 2012

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ANKUSH DATTATRY DHORE )...APPLICANT V/S. THE STATE OF MAHARASHTRA )...RESPONDENT

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Mr.M.S.Mohite Advocate for the Applicant.

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Mr.H.J.Dedhia APP for the State.

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CORAM: A.M.THIPSAY DATE : 19^th APRIL, 2012.

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P.C. :

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Heard Mr.M.S.Mohite, the learned advocate for the applicant and Mr.H.J.Dedhia, the learned APP for the State.

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2 The applicant is one of the accused in C.R.No.120 of 2011 registered with Talegaon Dabhade Police Station. The said case is in respect of offences punishable under Section 302, 201 read with 34 of Indian Penal Code (IPC).

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3 Investigation has been completed and the charge sheet has already been filed.

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BA-537-2012

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4 There are four accused in this case, two of whom have already been released on bail. One of them has been released by this court and the other by the court of Sessions.

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5 The prosecution case is that the deceased Ajay Dhore and the four accused i.e. the present applicant, one Amol, one Sagar and one Manish, had gone to Pavana Dam for picnic. Some quarrel had taken place between the deceased Ajay and co-accused Amol and the present applicant. While returning in car, the four accused are said to have taken the deceased to some place, where he was brutally assaulted and murdered. His body was thrown in a stream.

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6 According to the prosecution case, the accused Sagar and accused Manish, who have been released on bail, had not played any active part in the alleged incident. The prosecution case is that the actual assault was by the present applicant and the co-accused Amol and that the accused Sagar and Manish were only present in the car, at that time. Mainly because of this subordinate role attributed to those accused, they have been released on bail. Mr.Mohite, the learned advocate for the applicant, contended that there was no satisfactory material even against the present applicant. He submitted inter alia that though the prosecution has sought to make a distinction between the case of the two accused, who have been released on bail and the present applicant and the said Amol, so far as the applicant is concerned, there is no different type of evidence against him.

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BA-537-2012

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7 I have carefully considered the matter. With the assistance of the learned counsel, I have glanced through the charge sheet. Though the role attributed to the applicant and the accused Amol in the charge sheet is different from the role attributed to the other accused, who have been released on bail, atleast so far as the present applicant is concerned, there is not much difference between his case and the case of the said accused, so far as the availability of the material to establish the allegation is concerned.

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8 The applicant is in custody since 15.7.2011. The trial has not yet commenced.

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9 Considering all the relevant aspects of the matter, I am inclined to release the applicant on bail.

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10 The applicant is ordered to be released on bail, in the sum of Rs.50,000/-, with one surety in like amount.

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(A.M.THIPSAY, J.)

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Ankush Dattatry Dhore v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ankush Dattatry Dhore v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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