This Criminal Appeal was made to challenge the rejection of a bail application. The bench examined the FIR to determine if there were impediments for granting bail and held that the appellant should be released.
Appellant directed to be released on bail on furnishing a PR bond of Rs. 20,000 with specific conditions.
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.
apeal-807/17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 807 OF 2017
Imad Bashir Thakur. Versus State of Maharashtra.
..Appellant.
..Respondent.
Ms. Sushma Mishra for the Appellant. Mr. A. R. Kapadnis, APP for the State.
Coram : Ranjit More & Dr. Shalini Phansalkar-Joshi, JJ. Date : November 21, 2017 .
P. C. :
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since the provisions of Atrocities Act are applied against the Appellant.
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that of the Complainant and one Vishal Rane. In both the statements, name of the present Appellant is not disclosed. According to the prosecution in the identification parade, the Complainant and said Vishal Rane have identified the present Appellant as the person accompanying Sagar Naik. However, no specific role is attributed to the present Appellant. We have also perused the post-mortem report of the deceased – Swapnil. The report discloses that the cause of his death is head injury, which prima facie in our opinion cannot be attributed to the present Appellant. The Appellant is in custody since 22nd July 2016. The investigation is over and charge-sheet is also filed. Taking totality of the facts and circumstances of the case into consideration, we do not find any impediment to grant bail to the present Appellant in the subject crime. The appeal is accordingly disposed of by passing following order :
- O R D E R -
The Appellant is directed to be released on bail on his furnishing PR bond of Rs.20,000/- to the satisfaction of the trial Court on the conditions that (i) he shall not hamper or tamper with the prosecution evidence and (ii) he shall attend Nerul Police Station as and when required.
[Dr. Shalini Phansalkar-Joshi, J.]
[RANJIT MORE, J.]
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1 issue framed by the court
Whether bail should be granted to the appellant who is accused of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Indian Penal Code.
2 provisions across 2 enactments
Imad Bashir Thakur
State of Maharashtra
RANJIT MORE
Dr. Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
