In a bail application for murder, the High Court rejected the plea. The court held that tangible material, including consistent eyewitness statements and a test identification parade, conclusively established the applicant's involvement in the crime, precluding bail.
The Bail Application is rejected; the applicant is not to be released on bail.
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.
BA 2071-14.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2071 OF 2014
Satish Vitthal Mullya .Applicant
V/s.
The State of Maharashtra .Respondent
Mr.Wasim Samlewale i/b. Mr.U.R.Mankapure, Advocate, for the Applicant Mr.Y.M.Nakhwa, APP, for the Respondent - State
CORAM : P.D.KODE, J. DATE : 2ND DECEMBER, 2014
P.C.
. Heard.
charge sheeted by the Vishram Bag Police Station, Sangli for the offence punishable under Section 302 of the Indian Penal Code has prayed for bail.
that during the course of investigation
Page 1 of 3
BA 2071-14.odt
tangible material has been collected showing involvement of the applicant for committing murder of Krishna Mullya, cousin of the first informant Vishwanath Mullya by assaulting him by means of cookery. The charge sheet reveals that the incident of the assault was witnessed by one Deepak Ghadge, Balbhim Godge, Prakash Gosavi and Musa Mulani. The material in the statements of eye witnesses is consistent regarding an unknown assailant having assaulted the deceased by means of Kukari. The
further material in the shape of the supplementary statement of all the eye witnesses reveal that they have identified the applicant as being the said unknown person, who had assaulted the deceased in such a
manner in test identification parade held during the course of investigation. Thus, the involvement of the applicant being squarely
borne from the said material and so also other material collected during the course of investigation, the prayer for bail cannot be
Page 2 of 3
BA 2071-14.odt
accepted.
(P.D.KODE, J.)
Page 3 of 3
1 issue framed by the court
Whether bail should be granted to an accused charge-sheeted for murder who is identifiable as the assailant by eye witnesses and identified in a T.I.P.
1 provisions across 1 enactments
Satish Vitthal Mullya
The State of Maharashtra
P.D.KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
