The single judge dismissed the bail application under Sections 395/307 IPC for lack of overt acts attributed to the applicant, holding that investigation required before deciding on bail.
Application for bail or discharge was rejected; case remitted for investigation.
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.
70.15crapln
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
_____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders |
______________________________________________________ CRIMINAL APPLICATION NO. 70 OF 2015
NILESH DEEPAK JADHAV
VERSUS THE STATE OF MAHARASHTRA AND ANOTHER
... Advocate for Applicant : Mr.Wagh Babasaheb V. APP for Respondents/State: Mr.S.D. Kaldate.
CORAM : S.S. SHINDE & A.M. BADAR, JJ. Dated: JANUARY 14, 2015
Heard learned Counsel for the applicant. He submits that the applicant is of 20 years old. He is only named, no overt act has been attributed to him, no offence is disclosed. Therefore, application deserves consideration.
2 We have heard the learned Counsel for the applicant, perused the allegations in the FIR. The allegations disclose offence u/s 307 and 395 of IPC apart from other offences. Therefore, investigation is required. No case is made out. Application stands rejected.
(A.M. BADAR, J) (S.S. SHINDE, J)
kadam/
2 issues framed by the court
Whether the allegations in the FIR disclose an offence under Sections 307 and 395 of the IPC warranting investigation or bail.
Whether the applicant's lack of overt acts or specific offence disclosure justifies granting bail or quashing proceedings.
NILESH DEEPAK JADHAV
THE STATE OF MAHARASHTRA
S.S. SHINDE
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
