The High Court in criminal bail application allowed the application, holding that the offense was spontaneous and not premeditated, the applicant was young, and there was no risk of absconding, thus granting bail on bonds and conditions.
Release on bail with bond of Rs. 25,000/- and one or two solvent sureties on conditions.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICAITION NO.1122 OF 2015 Ashok Maruti Orase
..Applicant
v/s.
The State of Maharashtra.
..Respondent
Mr. Shriram S. Chaudhari for the applicant. Mrs. Verra Shinde, APP for the State.
CORAM : SMT. ANUJA PRABHUDESSAI, J.
DATED : NOVEMBER 26, 2015.
P.C.
. This is an application for bail filed by the aforesaid
applicant, who is arrested in C.R.No. 521 of 2014 registered with the Pimpari police station for the offence under section 302 and 504 of the IPC.
applicant is 25 years old and that the allegations levelled in the complaint do not prima facie disclose the offence under section 302 of the IPC. He further submits that the presence of the applicant is not
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required in the custody.
serious nature as the applicant had inflicted head injury as a result of which the deceased had expired. Therefore the application for bail should be rejected.
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on the ground. The post mortem report reveals that the deceased had expired as a result of head injury.
i) The applicant be released on bail on the applicant furnishing bail bond of Rs.25,000/- ( Rupees Twentyfive Thousand Only) with one or two solvent surety/ies in the like amount to the satisfaction of the learned Sessions Judge, Pune.
ii) The applicant shall not tamper or attempt to influence
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the prosecution witnesses in any manner.
iii) The applicant shall remain present before the Court as and when called.
(ANUJA PRABHUDESSAI, J.)
2 issues framed by the court
Whether the applicant is entitled to bail in a CPL case involving murder where the offense was not premeditated and occurred spontaneously.
Whether the applicant has a possibility of absconding or thwarting the course of justice given his age and residence.
1 provisions across 1 enactments
Ashok Maruti Orase
The State of Maharashtra
Anuja Prabhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
