This is a bail application in a murder case under sections 302 and 34 of the IPC. The applicant pleaded sudden fight and lack of role. The court allowed bail subject to security and conditions.
The applicant is released on bail upon furnishing a police bond of Rs. 20,000/- along with one or two sureties.
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.
Sherla V.
ba.1417.2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1417 OF 2014
Amar Varisarya Kale ... Applicant
Vs.
The State of Maharashtra ... Respondent
Mr.Rahul Ghaygude for the Applicant Ms.A.A. Mane, APP, for Respondent – State Mr.S.N. Nikam, ASI, Pusegav police station, present
CORAM: MRS.MRIDULA BHATKAR, J.
DATE: SEPTEMBER 15, 2014
P.C.:
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ba.1417.2014.doc
as per the case of the prosecution, the applicant/accused and the other co-accused Zakir Kale and Anil Kale held the deceased and one Nikal Kale gave blow of the knife on the rear side of the left thigh. He started bleeding profusely and thereafter his wife arrived there. Umya disclosed the incident to his wife Rashili and at that time, the co-accused Zakir made him to sit on the motor cycle and took him at the dispensary of Dr.Khot and dropped him in front of the dispensary and ran away. Thereafter, Umya Kale was declared dead.
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ba.1417.2014.doc
i) The applicant is released on bail upon furnishing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount; ii) The applicant shall not tamper with evidence and shall not indulge into any criminal activity while on bail;
iii) In the event the applicant changes his residence, he shall communicate the new address alongwith the documentary proof to the concerned police station;
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ba.1417.2014.doc
iv) The applicant shall make himself available at all the hearings of appeal in the Sessions Court.
(MRS.MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether bail should be granted to the applicant prosecuted for murder in a sudden fight.
Whether the evidence implicates the applicant in the assault leading to death.
1 provisions across 1 enactments
AMAR VARISARYA KALE
THE STATE OF MAHARASHTRA
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
