Bail application allowed. Applicant mustered reasonable doubt as to his guilt and lack of material connecting him to the offence of attempted murder. Court found no substance in the assertion that he was the gang leader without discussion. Bail granted on Rs.30,000 bond.
Released on bail in sum of Rs.30,000/- with one surety in like amount.
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BA-847.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
CRIMINAL BAIL APPLICATION NO. 847 OF 2013
MAYUR SHIVAJI SHINDE
.. APPLICANT
VERSUS
THE STATE OF MAHARASHTRA .. RESPONDENT
Mr. A. A. Kumbhakoni i/b V. V. Purwant, Advocate for the applicant Mrs. S. D. Shinde, APP for the State I.O. - Mr. D.P. Bhargude – P.I., SB II, CID.
CORAM:-ABHAY M. THIPSAY, J. DATED : 09/07/2013
P.C.
Heard Mr. A. A. Kumbhakoni, learned counsel for the
applicant and Mrs. S. D. Shinde, learned APP for the State.
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motorcycle and ran away. The first informant, who is running a Security Agency, and has provided security to the office of Builder Vaibhav Kokate, had seen the incident and he, therefore, made inquiries with Shri Vaibhav Kokate. He learnt that, he had received a threatening call from mobile telephone No. 9172684856 and the caller, who disclosed his name as 'Milind More', had demanded three blocks and Rs.15 lacs, probably as ransom. That, when the said Vaibhav Kokate had refused to accede to such a demand, the caller had threatened him that, 'he would learn a lesson within two days'. It was suspected that the same persons must have had fired at the office of Kokate Builder.
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It appears, that only on the assertion of the investigating agency that 'the applicant has formed a gang, and 'is the leader of the gang ', that bail came to be refused, without discussing, whether or not, there was any material to support such an allegation.
the applicant is not guilty of the alleged offences, but it can very well be said that there are also grounds on which the happening of the incident may itself be claimed to be doubtful. At any rate, there is no material to show the connection of the applicant with the alleged offences.
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 to report to Bhandup Police Station on every Sunday between 5
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p.m. to 7 p.m., till the disposal of the case against him.
(ABHAY M. THIPSAY, J.)
md.saleem
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2 issues framed by the court
Whether the application for bail granted under Section 437 CrPC.
Whether there is material to show connection of the applicant with the alleged offences of attempted murder and unlawful possession of firearms.
Mayur Shivaji Shinde
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
