Allowed

Rahul Diliprao Muneshwar v. the State of Maharashtra

Bombay HC13 Nov 2013APPLN/5288/2013

Case brief

AI extract

What is this about?

The High Court at Aurangabad disposed of a criminal bail application. Despite the lack of police papers available for the prosecution, the judge denied adjournment and ordered the applicant's release on bail subject to conditions.

What did the court decide?

Release on bail in the sum of Rs. 30,000 with one surety of the like amount, subject to attendance at the Police Station.

Rahul Diliprao Muneshwar Vs the State of Maharashtra — Bail and Remand | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.

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Criminal Application No. 5288 of 2013

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Rahul s/o. Diliprao Muneshwar, Age : 28 years, Occupation : Education and Business, R/o. Ambedkar Nagar, Golkunda, Taluka : Kinwat, Dist. : Nanded.

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.. Applicant.

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versus

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The State of Maharashtra, Through Incharge Police Station Officer, Kinwat Police Station, Taluka : Kinwat, District : Nanded. .. Respondent.

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Mr. R.J. Godbole, Advocate, for the applicant.

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Mr. A.S. Shinde, Additional Public Prosecutor, for the respondent.

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Ms. K.P. Mutatkar, Advocate, appearing on behalf of the first informant and the victim (injured).

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CORAM : ABHAY M. THIPSAY, J.

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DATE : 13TH NOVEMBER 2013

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(2)

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P.C. :

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Heard Mr. R.J. Godbole, learned Counsel for the applicant. Heard Mr. A.S. Shinde, learned Additional Public Prosecutor, for the State. The learned Additional Public Prosecutor prays for adjournment on the ground that the papers are not available. He submits that the Police papers are also kept in his file which is missing.

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Though I was inclined to grant adjournment, as prayed for by the learned Additional Public Prosecutor, in view of an interesting aspect of the matter, I do not think it fit to adjourn hearing of the present Application. That aspect is that, in the anticipatory bail application filed by the co-accused, namely, Prabhakar s/o. Ramrao @ Rama Bhagat, and Kailas s/o. Ramrao @ Rama Bhagat - described as accused nos.1 and 2 in the first information report - a statement has been made by Ms. K.P. Mutatkar, the learned Counsel who appeared for the first informant and the victim, that the involvement of the said applicants i.e. accused nos.1 and 2, was not there in the matter and that no role had been played by the said accused in the alleged incident. It is undisputed that the said accused persons have been named as two of the culprits in the first information report and despite it, such a statement came to be made. Considering this aspect of the matter, I have considered the question of grant of bail after going through the first information report, a copy of which is annexed to the Application. I have also gone through the order passed by the Court of Sessions.

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The applicant is in custody since 4-9-2013. There are no criminal antecedents against the applicant. Considering all the relevant

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(3)

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aspects of the matter, I think it fit to release the applicant on bail, subject to certain conditions.

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The Criminal Application is allowed. The applicant is ordered to be released on bail, in the sum of Rs. 30,000/- [Rupees thirty thousand] with one surety of the like amount, on condition that he shall attend the Police Station and make himself available for investigation and interrogation as and when required by the Investigating Officer.

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All concerned to act on authenticated copy of this order.

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( ABHAY M. THIPSAY )

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bgp/cria5288

Rahul Diliprao Muneshwar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rahul Diliprao Muneshwar 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

Parties & counsel

Coram

Case details

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