Allowed

Latif Hasan Madari v. the State of Maharashtra

Bombay HC5 Jul 2012BA/809/2012

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay granted bail to the accused-applicant Latif Hasan Madari after noting the prosecution's failure to file a final report, invoking indefeasible right provisions, and attributing a role identical to a co-accused who was already released.

What did the court decide?

Released on bail on furnishing PR Bond and surety of Rs.30,000, with strict conditions regarding location restriction, police attendance, witness protection, and non-involvement in criminal activities

Latif Hasan Madari Vs the State of Maharashtra — Bail and Remand | Bombay HC (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 APPLICATION NO.809 OF 2012

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Latif Hasan Madari ..Applicant versus The State of Maharashtra ..Respondent

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Mr.Vikrant S.Sabne i/b. Mr.Sandip Shinde, for Applicant.

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Mr.Rajesh More, A.P.P. for State.

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CORAM : K.U.CHANDIWAL, J.

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DATED : 5^th July, 2012

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P.C. :

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Heard the learned Counsel for accused-applicant. On the allegations of setting deceased ablaze by bringing kerosene cane from home. The accused is in custody from 22.11.2011. The alleged incident has been said to have been witnessed by one Priti to which she has disclosed in her statement.

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Two persons were nabbed. Since the prosecution did not file final report within time specified, the learned Addl. Sessions Judge directed release of Salim Hasan Madari on bail by order dated 3.3.2012. The learned Judge has considered the merit of the matter and also applicability of

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indefeasible right in terms of 167(2) of Cr.P.C. as the final report was not filed within scheduled time.

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The role attributed to the present accused-applicant is more or less identical to said Salim. That apart, the basic infirmity left by the Investigator adds to the favour of the accused-applicant Latif.

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In the above situation, the accused-applicant Latif be released

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on bail on furnishing PR Bond and surety in the sum of Rs.30,000/-. He shall not enter the vicinity of Village Navi Bej, Taluka Kalwan, for a period of One year. He shall attend Kalwan Police Station on every Monday between 10 a.m. to 1 p.m. till the trial. His place of residence and changed address to be communicated to the concerned police station within 15 days of his release. The applicant shall not pressurise the prosecution witnesses. The applicant shall not directly or indirectly tamper with the prosecution evidence in any mode or manner whatsoever. Applicant shall not involve in any criminal activity. Applicant to attend committal Court and Trial Court each and every date.

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The application is allowed to the extent above.

Latif Hasan Madari v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Latif Hasan Madari v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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