In this bail application, the High Court granted relief to Nikhil Dipak Kamble, convicted under Section 302 IPC. The Court noted the absence of an eye-witness and lack of blood stains on recovered clothes, leading to the order of bail.
Release on bail of Rs. 30,000 with one or two sureties and personal bond of the same amount.
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.
appa.881.2016_11.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.881 OF 2016 IN CRIMINAL APPEAL NO.911 OF 2015
Nikhil Dipak Kamble
... Applicant
Vs.
The State of Maharashtra ... Respondent
Mr.Vijaykumar G. Peshave for the Applicant Mr.H.J. Dedia, APP, Respondent - State
CORAM: SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.
DATE: AUGUST 2, 2016
P.C.:
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appa.881.2016_11.doc
the applicant. In this view of the matter, we are inclined to grant bail to the applicant. Hence, the following order:
ORDER
i) The applicant to be released on bail of Rs.30,000/- (Rupees Thirty thousand only) with one or two sureties to make up the said amount and Personal Bond of the same amount;
ii) During the period that the applicant is on bail, he will report to Bharati Vidyapeeth police station once in a month i.e., on the first Sunday of every month.
(MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.)
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3 issues framed by the court
Whether bail should be granted to an applicant convicted under section 302 IPC in a murder case where the occurrence lacks an eye-witness and no blood stains are found on the recovered clothes.
Whether the applicant's release on bail with personal bond and monthly reporting requirements can be ordered despite the conviction.
Whether the circumstantial evidence of recovered clothes worn during the incident is sufficient to deny bail in the absence of corroborative proof.
Nikhil Dipak Kamble
The State of Maharashtra
V.K. TAHILRAMANI
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
