Single Bench Criminal Bail Application allowing release of applicant on bail in a trial pending assault case, subject to conditions of not contacting witnesses and police reporting.
Applicant released on bail in the sum of Rs.30,000/- with one surety in the like amount, or two sureties in the sum of Rs.15,000/- each.
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.
1
BA-652.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL BAIL APPLICATION NO. 652 OF 2013
MANGESH DAGDU ULALKAR
.. APPLICANT
VERSUS
THE STATE OF MAHARASHTRA... RESPONDENT
Mr. Parvez Ubharay, Advocate for the applicant Mrs. S. D. Shinde, APP for the State
CORAM:-ABHAY M. THIPSAY, J. DATED : 12/06/2013
P.C.
Heard Mr. Parvez Ubharay, learned counsel for the applicant and Mrs. S. D. Shinde, learned APP for the State.
the contention advanced by the learned counsel for the
1/3
2
BA-652.13
applicant that the injured failed to identify the applicant in the test identification parade, that was held during investigation appears to be correct, it also appears that the eye-witness Ganesh @ Avinash has identified the applicant, as one of the assailants in the test identification parade. Additionally, the weapon of assault is also said to have been recovered from the applicant. Thus, it cannot be said that there exists no prima facie case against the applicant.
Unlike the co-accused, the applicant has no antecedents. I am informed that, the trial has not yet commenced. Considering all the relevant aspects of the matter, I am inclined to give an opportunity to the applicant of availing of liberty.
The applicant is ordered to be released on bail in the sum
of Rs.30,000/- with one surety in the like amount, or two sureties in the sum of Rs.15,000/- each, on the condition that
2/3
3
BA-652.13
the applicant shall not contact or approach any of the witnesses
in the matter, in any manner whatsoever.
The applicant shall report the Police Station on every
Sunday between 5 p.m. to 7 p.m., till the disposal of the case against him.
(ABHAY M. THIPSAY, J.)
md.saleem
3/3
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the prima facie case and lack of antecedents.
MANGESH DAGDU ULALKAR
THE STATE OF MAHARASHTRA
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
