One judge rejected a bail application held pending alongside a co-accused's bail plea. The court noted stronger specific material, including recovery of a deceased's mobile and a stepney from the applicants, and refused release due to the gravity of the alleged crimes.
Bail application rejected; release from custody denied.
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1/2 (7)BA-429-13
Tilak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.429 OF 2013
Shri Ramu Kashinath Dalvi and anr ... Applicants versus The State of Maharashtra ... Respondent
Mr.Avinash B. Avhad, Advocate for the applicants. Mrs.S.D.Shinde, APP for the State.
CORAM : ABHAY M. THIPSAY, J.
DATED : APRIL 24, 2013
P.C.
1 Heard Mr.Avinash B. Avhad, Advocate for the applicants. Heard Mrs.S.D.Shinde, APP for the State.
2 The facts of the case were noticed while dealing with the Bail Application filed by the co-accused in this case, which has been decided just now by me (Bail Application no.428/13). However, so far as the nature of material against the applicants is concerned, it does not seem to be confined to what was against the said co-accused. So far as the present applicants are concerned, their involvement in the alleged offences is prima facie , disclosed by the statement of one Smt.Suman and her husband Chotelal Soni.
2/2 (7)BA-429-13
The learned APP points out that, additionally, the mobile of one of the deceased was recovered at the instance of the applicant no.1 – Ramu, and stepney was recovered from the applicant no.2 Anil Dalvi.
3 Thus, though the nature of allegation against the applicants, and the aforesaid co-accused is the same and similar, the material by which it is supported, is different and stronger.
4 Under the circumstances, considering the gravity of the offence, I do not think it fit to release the applicant on bail.
5 Application is rejected.
( ABHAY M.THIPSAY,J )
1 issue framed by the court
Whether an accused involved in a grave offence, supported by cogent material including recovery of incriminating articles from them, is entitled to bail.
Shri Ramu Kashinath Dalvi and anr
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
