Two criminal applications for bail were filed by individuals accused of robbery under the Indian Penal Code. The High Court rejected both applications, holding that the investigation remained incomplete and the nature of the offense was grave, precluding bail.
Both bail applications were rejected.
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 ) cria5646.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 5646 OF 2016
Amol s/o. Ashok Sirsat & Anr.
..Applicants
Versus
The State of Maharashtra..Respondent
WITH CRIMINAL APPLICATION NO. 5899 OF 2016
Sajan s/o. Ashok Gaikwad
..Applicant
Versus
The State of Maharashtra..Respondent
Mr.Shaikh Kayyum Najir, Advocate for applicants.
Mr.S.B. Yawalkar, A.P.P. for respondent/State.
CORAM : A.M. BADAR,J. DATED : 24.10.2016
P.C. :-
1.Applicants/accused in Crime No.I-255 of 2016,
registered with Vaijapur Police Station, Dist.
Aurangabad, for offences punishable under section 392,
341 read with section 34 of the Indian Penal Code, by
this application, are seeking their release on bail.
2.Heard learned Counsel appearing for applicants/
accused. By pointing out the F.I.R. learned Counsel
argued that the identification of accused persons is not
mentioned in the F.I.R. and therefore applicants are
entitled for bail.
3.Learned A.P.P. opposed the application by
contending that the investigation of the crime in
question is still in progress.
4.Perused the F.I.R. as well as the record made
available. According to the prosecution case, on
16.09.2016, after loading material in four wheeler goods
vehicle, they were proceeding towards Kalyan Kongaon via
Nagpur - Mumbai highway. It is alleged by the informant
Chand Hussain Shaikh that his goods vehicle was
intercepted near Dahegaon by four persons, who came on
two motor-cycles and he as well as other occupants of
that goods vehicle were robbed of their money and
valuables amounting to Rs. 24,600/-. The investigation
of the crime in question is still going on and as such
considering the nature of the offence and its gravity, no
case for grant of bail is made out. Hence, both
applications are rejected.
snk/2016/OCT16/ cria5646.16
2 issues framed by the court
Whether bail can be granted when the investigation into robbery under Section 392 IPC is still in progress?
Whether the absence of identification of accused persons in the F.I.R. entitles applicants to bail?
1 provisions across 1 enactments
Amol s/o. Ashok Sirsat
Sajan s/o. Ashok Gaikwad
The State of Maharashtra
A.M. BADER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court