The High Court allowed a bail application in a murder case. Finding that the sole link was a mobile phone allegedly given to the applicant by a co-accused, the court held there was no direct connection to the crime and granted bail.
Release of the applicant on bail in the sum of Rs.50,000/- with one surety of like amount.
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.
Tilak 1/3 (7)BA-902-13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.902 of 2013
Rashid Naseer Ansari ... Applicant versus The State of Maharashtra ... Respondent
Mrs.Prabha Badadare i/b Mr.M.K.Kocharekar, Advocate for the applicant.
Ms.R.M.Gadhavi, APP for the State.
Mr.Kisan Babaji Gorgal, ASI from Daund P.Stn, Pune Gramin present.
CORAM : ABHAY M. THIPSAY, J.
DATED : JULY 8, 2013
P.C.
1 Heard Mrs.Prabha Badadare, learned counsel for the applicant. Heard Ms.R.M. Gadhavi, learned APP for the State. With their assistance, I have gone through the Bail Application and the annexures thereto.
2 On 20 November 2012, a dead body was found by the Officers from the Daund police station. The death appeared to be homicidal. The body was revealed to be of one Rahul Chorat. His uncle Lahu Chorat identified the dead body as that of Rahul, and
Tilak 2/3 (7)BA-902-13
lodged a report against unknown offenders. In the course of investigation, the applicant and one more came to be arrested as the offenders. Two more are said to be absconding.
3 It is not in dispute that except that the mobile telephone instrument held by the deceased was recovered at the instance of the applicant, there is nothing else to connect him with the alleged offence. The charge-sheet does not disclose any motive for the commission of the alleged offence.
4 I have considered the matter.
5 The mobile telephone instrument said to be of the deceased has allegedly been recovered pursuant to the information disclosed by the applicant on 10 February 2013. However, it seems to be the case of the Investigating Agency itself that this mobile telephone instrument had been given to the present applicant by the co-accused Mulla and Aamir. In fact, the case of the Investigating Agency seems to be that the applicant was not present when the murder actually took place though he was aware of the fact that the aforesaid co-accused had committed the murder.
6 Considering the nature of allegation levelled against the applicant and the material on the basis of which he is connected with the alleged offence, I think it fit to release him on bail.
7 Application is allowed.
Tilak 3/3 (7)BA-902-13
8 Applicant is ordered to be released on bail in the sum of Rs.50,000/- with one surety in like amount, or two sureties in the sum of Rs.25,000/- each.
( ABHAY M.THIPSAY,J )
2 issues framed by the court
Whether the applicant should be released on bail in a murder case.
Whether the recovery of the deceased's mobile phone from the applicant connects him to the offence.
1 provisions across 1 enactments
Rashid Naseer Ansari
The State of Maharashtra
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
