Bail application rejected in a case where the applicant held the victim during an attack. Court directed the trial court to expedite the trial.
Rejection of bail application with direction to expedite trial.
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.
(8)BA-561-13
Tilak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.561 of 2013
Sagar Gyaneshwar Mule ... Applicant versus The State of Maharashtra ... Respondent
Ms.Naima Shaikh i/b Khan Abdul Wahab, Advocate for the applicant.
Mrs.R.V.Newton, APP for the State.
CORAM : ABHAY M. THIPSAY, J.
DATED : APRIL 26, 2013
P.C.
1 Heard Ms.Naima Shaikh, learned counsel for the applicant. Heard Mrs.R.V.Newton, learned APP for the State.
2 With the assistance of the learned counsel, I have glanced through the Bail Application and the annexures thereto.
3 The applicant has been named as one of the culprits in the First Information Report. The role attributed to him is that he along with co-accused Shantaram Gopal, had held the victim Amit when the main accused Prakash Jadhav, gave a blow to Amit with a
2/2 (8)BA-561-13
knife on his neck. This incident was seen by two more persons Sanjay Pabale and Satyavan Chavan, who have also attributed the same role to the applicant. There is some substance of the contention advanced by learned counsel for the applicant, to the effect that if these two witnesses and the First Informant have witnessed one and the same incident, then why they do not speak about the presence of one another during the incident. However, merely because of that, it is not possible to conclude, at this stage that the allegation levelled against the applicant, may not be true. Though the role attributed to the applicant can be said to be lesser than that attributed to Prakash, it cannot be said that there exists no prima facie case against the applicant.
5 However, the Trial Court shall expedite the trial, and endeavour to complete it, as early as possible.
( ABHAY M.THIPSAY,J )
1 issue framed by the court
Whether the role attributed to the applicant creates a prima facie case justifying rejection of bail.
Sagar Gyaneshwar Mule
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
