Allowed

Mohammad Rafique S/O Mohar Ali Mansoori v. State of Maharashtra through Pso Kalmana Nagpur

Bombay HC18 Sept 2012BA/615/2012

Case brief

AI extract

What is this about?

High Court granted bail to applicant in dacoity/attempt to murder case. Bail granted due to inordinate delay in holding identification parade by investigation officer after applicant's arrest, creating a strong defense opportunity.

What did the court decide?

Released on bail in sum of Rs. 20,000/- with surety; restricted from leaving Nagpur jurisdiction without permission.

Mohammad Rafique S/O Mohar Ali Mansoori Vs State of… — Bail and Remand | Bombay HC (2012)

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18.09.ba.615.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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CRIMINAL APPLICATION (BA ) NO. 615 /2012

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(Mohammad Rafique s/o Mohar Ali Mansooori vs. State of Maharashtra )

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.................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .....................................................................................................................................................................

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CORAM : M.L. TAHALIYANI, J. DATED : 18^th September, 2012.

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Heard Mr. Sheikh S.Ullah, learned counsel for the applicant and Mr S.S.Doiphode, learned Additional Public Prosecutor for the respondent-State.

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Perused the FIR and the affidavit filed by the Investigating Officer. The applicant is accused of the offences punishable u/ss. 307, 452 r/ws. 334 of the IPC and Sec. 393 and 397 of the IPC. The applicant had allegedly committed trespass in the office of the complainant at about 20.50 hours on 3.1.2012, after having made preparation for causing hurt to the complainant and had attempted to kill the complainant by means of country-made revolver. There was a scuffle between the complainant and the applicant and in the said scuffle, the applicant lost his country made revolver in the cabin itself. He fled away from the spot along with his associates. The matter was reported to police.

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During the course of investigation, country made revolver has been seized by the police. The applicant was

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18.09.ba.615.12

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arrested on 16.7.2012 and an identification parade was held on 9.8.2012. It is submitted by Mr Doiphode, learned APP that the applicant has been identified in the identification parade. Learned Advocate for the applicant has submitted that the applicant has not committed any crime as alleged. He is doing some job work to earn his livelihood.

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I have considered the submissions made by both the sides. The whole case of the prosecution is based on the identification of the applicant. It may be noted that the incident had occurred on 3^rd Jan. 2012 at 10.15 hours and the applicant has been arrested after about 6 months. Though the applicant was arrested on 16^th July 2012, the identification parade was not held for more than 25 days for which there is no reasonable explanation. In the present set of circumstances, it was the duty of the Investigating Officer to hold in the identification parade as early as possible after arrest of the applicant. Since there is inordinate delay in holding the identification parade, the applicant has a good case to defend himself before the trial Court. Hence I pass the following order:-

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ORDER :

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The applicant be released on bail in the sum of Rs. 20,000/- with one solvent surety in the like amount or two sureties of Rs. 12,500/- each. He shall not leave the jurisdiction of Nagpur Commisionerate area without prior permission of the trial Court. The applicant shall attend the concerned Police Station between 5.00 to 6.00 p.m. for a period of fifteen days from the date of his release.

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18.09.ba.615.12

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Application stands disposed of.

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JUDGE

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sahare

Mohammad Rafique S/O Mohar Ali Mansoori v. State of Maharashtra through Pso Kalmana Nagpur

Case brief

What is this about?

What did the court decide?

Mohammad Rafique S/O Mohar Ali Mansoori v. State of Maharashtra through Pso Kalmana Nagpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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