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Sharad Ananda Kiragath Vs the State of Maharashtra — Bail and Remand | Bombay HC (2012)

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Sharad Ananda Kiragath Vs the State of MaharashtraSharad Ananda Kiragath v. the State of Maharashtra

Allowed

Sharad Ananda Kiragath v. the State of Maharashtra

Bombay HC25 Jul 2012BA/959/2012

Case brief

AI extract

What is this about?

A criminal bail application filed by an accused in custody for an offence under Section 397 IPC was heard. The court considered the lack of criminal antecedents and directed the release of another accused on bail. The application was allowed with specific conditions regarding bond and reporting.

What did the court decide?

The applicant accused was directed to be released on bail on furnishing PR bond and surety in the sum of Rs. 25,000/-, with conditions to attend the investigator every Sunday and not tamper with evide

What the court decided

AI extract

Outcome

The applicant accused was directed to be released on bail on furnishing PR bond and surety in the sum of Rs. 25,000/-, with conditions to attend the investigator every Sunday and not tamper with evide

Issue for consideration

Whether the applicant accused should be released on bail in a dacoity case.

Detailed headnote1 paragraphs

The High Court of Judicature at Bombay allowed a criminal bail application filed by a dacoit accused under Section 397 IPC. The court noted the investigation papers and the absence of criminal antecedents. The applicant was directed to be released on furnishing a trial court bond and surety of Rs. 25,000/-, subject to conditions of periodic reporting and prohibited conduct.

A compact analysis

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.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.959 OF 2012

Shri.Sharad Ananda Kiragath. ...Applicant versus The State of Maharashtra. ...Respondent

Mr.Vijay Killedar, for Applicant.

Smt.V.R.Bhonsale, APP for State.

CORAM : K.U.CHANDIWAL, J.

DATED : 25^th July, 2012

P.C. :

Heard. The accused s in custody from 27.7.2011 for an offence punishable under Section 397 of I.P.C, seeks bail.

The investigation papers illustrates no recovery was made as the gold ornaments which were stolen by the dacoits were found in the vehicle no.UP-79-B-5457. It is informed that the accused-applicant was one of the dacoits and he has given tip to the other accused who hails from other region.

Mr.Kiran Harge, one of the accused is directed to be released

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on bail on 13.2.2012 by this Court.

The learned APP submits, the record does not indicate any criminal antecedents to the accused.

Considering these facts, the applicant-accused be released on bail on furnishing PR bond and surety in the sum of Rs.25,000/- (Rupees Twenty Five thousand only) in Crime no.61 of 2011 registered at Miraj Police station.

The applicant-accused after his release, shall attend the investigator on every Sunday between 3 p.m. to 6 p.m. till the conclusion of the trial.

He shall not commit any offence of identical nature. The applicant-accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

The application is allowed in the above terms.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the applicant accused should be released on bail in a dacoity case.

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Penal Code397

Parties & counsel

AI extract

applicant
Shri.Sharad Ananda Kiragath
respondent
The State of Maharashtra

Coram

AI extract

K.U.CHANDIWAL

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 25 Jul 2012 · July
Registered: 6 Jul 2012
Case no.: BA/959/2012
CNR: HCBM070266952012
Topic: Bail and Remand
Bench: K.u. Chandiwal
Disposal: OTHERS DISPOSED OFF

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Cite this judgement

Sharad Ananda Kiragath v. the State of Maharashtra, BA/959/2012 (BOM), decided on 25 July 2012.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Penal Code397

View all statutes

Bench / Coram

K.U.CHANDIWAL

Parties & counsel