High Court of Judicature at Bombay, Aurangabad Bench, allowed an application for bail filed by an accused charged with dacoity, murder, and attempted murder. The court granted release on bail due to lack of warrant for further detention.
Grant of bail upon furnishing a P.R. bond of Rs. 30,000 and one or more solvent sureties of the like 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.
(1)Cri. Appln. No. 2806 of 2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
Criminal Application No. 2806 of 2016
District : Nanded
Gautam s/o. Laxman Raut,
Age : 23 years,
Occupation : Labour,
R/o. Palsa,
Taluka : Hadgaon,
District : Nanded. .. Applicant.
versus
The State of Maharashtra,
Through Police Station,
Loha,
Taluka : Loha,
District : Nanded. .. Respondent.
............
Mr. Ganesh P. Shinde, Advocate, for the applicant.
Mr. S.B. Yawalkar, Addl. Public Prosecutor, for the respondent.
............
CORAM : A.M. BADAR, J.
DATE : 24TH OCTOBER 2016
ORAL ORDER:
The applicant / accused in Crime No. 55/2016
registered with Police Station, Loha, District
Nanded, for offences punishable under Sections 395,
396, 397, 302 and 307 of the Indian Penal Code, by
(2)Cri. Appln. No. 2806 of 2016
this application, is seeking his release on bail
after filing of the charge-sheet.
2.Heard the learned Counsel appearing for the
applicant / accused as well as the learned Addl.
Public Prosecutor appearing for the respondent /
State.
3.The learned Addl. Public Prosecutor opposed
the application by conding that there is recovery of
mobile phone at the instance of the present
applicant.
4.Perused the charge-sheet. The crime in
question is registered on the basis of report lodged
by Akhlesh @ Ashok Baghsing Solankhi, cleaner of the
truck. As per his report, when they were proceeding
towards Indore, near Karegaon, three persons accosted
the truck by motorcycle. They were robbed of their
valuables. Then again two persons joined those three
persons. The truck was hijacked. On the way, one of
the driver named Arjunsinh was thrown out of the
truck and after some time, another driver named
Gulabsinh was also thrown out of the trick. The
dacoits then left the truck. In the said incident,
Arjunsinh died because of injuries suffered by him
due to throwing him outside the truck by accused
persons.
(3)Cri. Appln. No. 2806 of 2016
5.During investigation, co-accused Vikas s/o.
Chandrakant Kamble was arrested on the basis of
suspicion. From investigation of Vikas Kamble,
investigator has arrested other accused persons
including the present applicant. At his instance, a
cellphone came to be recovered. There is no evidence
to show that the recovered cellphone was the same
cellphone which was robbed from the informant and his
colleagues. The applicant was not identified by
witnesses in the identification parade.
6.Considering this nature of evidence against
the present applicant, his further pre-trial
detention is not warranted.
7.Hence, I pass the following order :-
(a)The Application is allowed.
(b)The applicant / accused, in the above crime, be
released on bail on his furnishing P.R. Bond in the
sum of Rs. 30,000/- and on furnishing one or more
solvent sureties of the like amount.
(c)As conditions of this order, the applicant /
accused shall abide by the following directives :-
(i) The applicant shall not, directly or
indirectly, make any inducement, threat or
(4)Cri. Appln. No. 2806 of 2016
promise to any persons acquainted with the
facts of the case so as to dissuade them
from disclosing such facts either to the
Court or to any police officer.
(ii) The applicant shall not tamper with
the prosecution evidence in any manner and
shall cooperate the learned trial Judge in
expeditious disposal of the trial against
him.
(iii) The applicant shall not repeat
commission of similar type of offences in
future.
(d)The Application stands disposed of in the above
terms.
( A.M. BADAR )
JUDGE
puranik / CRIAPPLN2806.16
2 issues framed by the court
Whether further pre-trial detention of the applicant is warranted considering the nature of evidence against him.
Whether the applicant is entitled to bail on furnishing a bond and sureties after the filing of the charge-sheet.
1 provisions across 1 enactments
Gautam s/o. Laxman Raut
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court