High Court rejected anticipatory bail application citing initial stage investigation, delayed FIR, inconsistent missing report, postmortem evidence of death, and legitimate suspicion of accused regarding kidnapping and murder.
Application for anticipatory bail rejected
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Sherla V.
aba.1189.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1189 OF 2014
Vishnu Digambar Shinde (Patil)
... Applicant
Vs.
The State of Maharashtra ... Respondent
Mr.J.D. Mane for the Applicant Ms.Rutuja Ambekar, APP, for Respondent – State Mr.Raju Rathod, HC, Mohol police station, Solapur – present
CORAM: MRS.MRIDULA BHATKAR, J.
DATE: SEPTEMBER 23, 2014
P.C.:
applicant/accused is prosecuted for the offences punishable under sections 302, 201, 364B, 323, 504 r/w 34 of the Indian Penal Code and section 135 of the Mumbai Police Act and also under section 3(i)(x) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 in C.R. No.266 of 2014 registered at Mohol police station, District Solapur. One Goturam R. Kale is the deceased. His brother Anil had given a report to the police on 28.7.2014. It is the case of the prosecution that on 18.7.2014 in the presence of the wife and children of the deceased Goturam, the applicant/accused alongwith the co-accused arrived and due to the previous enmity, took away the deceased. Thereafter, Goturam did
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aba.1189.2014.doc
not return. She gave a missing report on 21.7.2014 to the police and also communicated the incident to her brother in law. Her brother in law also tried to find out Goturam but as he was not found and finally on 28.7.2014, he went to the police and gave the complaint against the applicant/accused and the co-accused.
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aba.1189.2014.doc
the co-accused are the principal suspects and their custodial interrogation is required to find out the details of the commission of offence.
(MRS.MRIDULA BHATKAR, J.)
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1 issue framed by the court
Whether anticipatory bail should be granted in case of kidnapping and murder charges pending investigation.
3 provisions across 3 enactments
Vishnu Digambar Shinde (Patil)
The State of Maharashtra
Mridula Bhatar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
