Allowed

Jalindar S/O. Gorakhnath Shinde and Anr. v. the State of Maharashtra

Bombay HC31 Mar 2016APPLN/1283/2016

Case brief

AI extract

What is this about?

Single judge allowed bail to two accused arrested for murder and related offences. The court noted the case relies on circumstantial evidence regarding the last seen together circumstance and that the trial could take time, permitting release on bond with a non-bailable area restriction.

What did the court decide?

Release on bail ₹15,000 each with prior permission restriction on entering village Sautada for two years or till trial.

Jalindar S/O. Gorakhnath Shinde and Anr. Vs the… — Murder and Culpable Homicide | Bombay HC (2016)

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1 Cri. Appln. 1283-2016

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1283 OF 2016

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1] Jalindar S/o Gorakhnath Shinde,
 Age : 45 years, Occu.: Contractor,
 R/o : Sautada, Tq. Patoda, Dist. Beed
At present residing at Sarwardeola,
 Tq. Kasrawad, Dist. Khargaon (M.P.)

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2] Ashok S/o Bayaji Giri,
 Age : 50 years, Occu.: Tailoring,
 R/o : Sautada, Tq. Patoda,
 Dist. Beed.. Applicants

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Vs.

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The State of Maharashtra
Through Police Inspector,
Police Station, Patoda,
Tq. Patoda, Dist. Beed.. Respondent

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.....

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Mr. V.D. Salunke, Advocate for the applicants
Mr. A.S. Shinde, APP for the respondent-State

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......

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CORAM : M.T. JOSHI, J.
 DATED : 31/03/2016

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ORAL ORDER:

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Heard both sides.

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2.The present applicants, who are arrested by

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Patoda Police Station, Tq. Patoda Dist. Beed in Crime

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no. 184 of 2015 for the offences punishable under

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2 Cri. Appln. 1283-2016

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section 302, 201, 364 r/w. 34 of the Indian Penal
Code, are praying for their release on bail.

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3.Hearing from both sides would show that the
case is based on circumstantial evidence. Learned
counsel for the applicants took me through the record
to show that different versions regarding the only
circumstance of last seen together are made out by
different witnesses. He submits that even the said
circumstance of last seen together is not made out. The
present applicants are arrested on 21/10/2015 only on
suspicion, the trial may take its own time.

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4.On the other hand, learned A.P.P. opposed the

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application. He submits that in a theater, the present
applicants as well as the deceased were seen together.

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5.Upon hearing both sides and upon considering
all the material on record and finding that the trial
may take its own time, the application is allowed on
the following conditions.

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3 Cri. Appln. 1283-2016

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6.The applicants be released on bail in Crime

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no. 184 of 2015 registered with Patoda Police Station,
Tq. Patoda, Dist. Beed for the offences punishable
under section 302, 201, 364 r/w. 34 of the Indian Penal
Code, upon their executing P.R. bonds in the sum of
Rs.15,000/- (Rs. Fifteen Thousand) each and also upon
furnishing surety each in the like amount.

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7.The applicants shall not enter the territorial
limits of village Sautada, Tq. Patoda, Dist. Beed for a
period of two (2) years or till the trial is concluded,
whichever occurs earlier, without the prior permission

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of the concerned Sessions Court.

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8.Application stands disposed of accordingly.

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arp/-

Jalindar S/O. Gorakhnath Shinde and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Jalindar S/O. Gorakhnath Shinde and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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