High Court granted bail to two applicants convicted of murder under Section 302 IPC. The court accepted the argument that they lacked common intention to kill as they did not foresee the use of weapons by co-accused.
Applicants to be released on bail in Rs. 30,000 each with P.R. Bond and 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.
3.APPA781_2016
vidya
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 781 OF 2016 IN
CRIMINAL APPEAL NO. 1118 OF 2015
Mr. P.V. Vare, Advocate for the applicants. Mrs. A.S. Pai, APP for the respondent/State.
CORAM: MRS. V.K. TAHILRAMANI & MRS. MRIDULA BHATKAR, JJ.
JULY 5, 2016.
ORAL ORDER: (Per Mrs. V.K. Tahilramani, J.)
Heard both sides.
convicted under section 302 r/w. 34 along with original accused nos. 1 and
attributed to the applicants is that they had caught hold of deceased
1 of 3
3.APPA781_2016
Mohammad Ali Nasir Ali Shaikh and no role of assault has been attributed to any of the applicants. PW-1 Mohammad Azad Nasir Ali Shaikh, who is brother of deceased Mohammad Ali Nasir Shaikh, is an eyewitness to the incident. Mohammad Azad Nasir Shaikh states that on 31st May, 2013 after about 2.45 p.m. when his brother was proceeding to answer the nature call and he was proceeding to his job, at that time, all the accused came from front side. The accused threatened that yesterday he (deceased Mohammad Ali Nasir Shaikh) was talking a lot and they would show him today. Then both the applicants caught hold of the hands of deceased Mohammad Ali Nasir Shaikh. Thereafter original accused nos. 1 and 2, i.e., Sharafatali Shaikh and Mohd. Ubedali took out Khanjar which was kept at their waist and they gave blow of the same on deceased Mohammad Ali Nasir Shaikh.
2 of 3
3.APPA781_2016
and 2 were not armed with weapons, hence there was no way for the applicants to know that original accused nos. 1 and 2 would take out khanjar and assault Mohammad Ali Nasir Shaikh.
(MRS. MRIDULA BHATKAR,J.) (MRS. V.K. TAHILRAMANI, J.)
3 of 3
1 issue framed by the court
Whether the applicants, who only caught hold of the deceased without armed intent or knowledge of the specific lethal assault, are entitled to bail.
2 provisions across 1 enactments
Saiban Sagir Ahmed Shaikh
Rajkumar Rajendra Vishwakarma
The State of Maharashtra
Mrs. V.K. Tahilramani
Mrs. Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
