The High Court of Bombay, Aurangabad bench rejected the bail application of an applicant accused of murder and dacoity. The court found no case for bail made out given the nature of the offence and circumstantial evidence pointing to his complicity.
Bail application rejected and criminal application disposed of.
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 Cr.Apln. 5261.2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
2 CRIMINAL APPLICATION NO. 5261 OF 2016
NITIN S/O RAMDAS PATIL
VERSUS
THE STATE OF MAHARASHTRA
Mr. S.D.Kotkar, Advocate for Applicant. Mr. S.M.Ganachari, A.P.P. for Resp. – State.
CORAM : A.M.BADAR, J.
DATE : 21st, OCTOBER 2016
PER COURT :
2 Cr.Apln. 5261.2016
Haribhau Bagate goes to show that when it was alleged against co-accused Sangita that she had stolen Mangalsutra of mother of the deceased, present applicant had sent his wife Sangita to her parental house. In the wake of this conduct of the applicant, according to the learned counsel for the applicant, he has no concern with the crime in question. He further argued that confession of Sangita shows that present applicant had only assisted his wife Sangita, who is co-accused in this crime, in sealing and disposing of the dead body. The learned counsel further argued that the spot panchanama does not show presence of the applicant at the time of detection of the dead body in his house.
3 Cr.Apln. 5261.2016
about 5 years went missing from the front-yard of his house at about 4.30 p.m. on 24/06/2015. Charge sheet shows that thereafter there was a frantic search by the family of the informant as well as residents of the locality to trace out Pranali. However, she could not be traced out. Ultimately, her dead body was found in the drain of the locality at about 9.00 – 9.30 p.m. on 25/06/2015. Keshav Dhage firstly noticed dead body of Pranali. The residents of the locality gathered there. Police were called. Supplementary statement of the informant and statements of Keshav Baliram Dhage, Sakhrabai w/o Baliram Dhage, Shivaji Madhav Wartale and Mangal Kailas Bagate goes to show that dead body of Pranali was found just adjacent to the door of the house of present applicant and his wife co-accused Sangita. At the door of the house of present applicant, blood stain was found by the informant as well as witnesses. Then, as seen from the charge sheet, police started enquiring the matter with present applicant Nitin and his wife co-accused Sangita. Statements of witnesses shows that both of them were present on the spot when the dead body was detected. The applicant and his wife did not disclose anything to police, as seen from the statements of witnesses. Therefore, police took search of the
4 Cr.Apln. 5261.2016
house of present applicant and his wife Sangita.
5 Cr.Apln. 5261.2016
with the crime in question.
of.
[A.M.BADAR, J.]
KNP/Cr.Apln. 5261.2016
1 issue framed by the court
Whether the accused is entitled to bail after the filing of the charge sheet in a case involving murder and dacoity.
1 provisions across 1 enactments
Nitin s/o Ramdas Patil
The State of Maharashtra
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
