The High Court allowed bail applications filed by two arrested individuals accused of aiding the main accused in a murder case. The court found no prima facie evidence linking them to the crime and ordered their release on bond.
The applicants were ordered to be released on bail on furnishing bail bonds of Rs. 50,000/- each with two solvent sureties.
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.
BA 1825 and 1465-16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1825 OF 2016
Juber Mustaq Mujawar ..Applicant
v/s.
The State of Maharashtra ..Respondent
WITH
CRIMINAL BAIL APPLICATION NO. 1465 OF 2016
Alamgir G. Patel ..Applicant
v/s.
The State of Maharashtra ..Respondent
Mr.A.P.Mundargi, Sr. Counsel a/w. Umesh Mankapure for the Applicants
Mr. Vinod Chate, APP for the Respondent-State.
CORAM : ANUJA PRABHUDESSAI, J. DATED : 18TH JANUARY, 2017 IN CHAMBER
P.C.
arrested and chargesheet in MCOC Case No.76 of 2016.
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BA 1825 and 1465-16.doc
and Shri Chate, learned APP for the State. I have perused the record and considered the submissions advanced by the learned Counsel for the applicants.
Payal Mane had lodged a FIR dated 10th November, 2015 at Sanjay Nagar police station, District Sangli, alleging that her husband-Gorakhnath who had left the house on 9th November, 2015 at about 11.30 p.m. and that he had not returned home. She had stated that on 10th November, 2015 at about 1.00 a.m. She was informed that her husband's footware was lying near the road infront of Kamal Joshi School. She alleged that the co-accused Mohammad Nadaf had earlier threatened her husband. She, therefore, suspected that said Mohammad Nadaf had abducted her husband.
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BA 1825 and 1465-16.doc
The body of Gorakhnath was found and hence offences under Section 302, 312, 364, 118 r/w. 34 of Indian Penal Code were added.
Mohammad Nadaf, who is stated to be head of the gang and the main accused in the crime, was arrested and the provisions of MCOC Act were added. Chargesheet was filed against said Mohammad
Nadaf and others after seeking requisite permission under the MCOC Act.
Mankapure have submitted that the applicants were not in any manner involved in committing murder of Gorakhnath. There is no material to indicate that they are /were the members of the Commercial Syndicate headed by Mohammad Nadaf. The only allegation against the applicants is that the accused no.1 was seen using their motorcycles several days after the incident. The learned Counsels for the applicants have submitted that even if the said allegations are taken as true, the same are not sufficient to prima facie link them with the offence. They have submitted that the applicant Juber Mujawar is in custody since 29.11.2015 and Alamgir
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Ptel is in custody since 12.11.2015 and that there being no prima facie material to show their involvement in the crime, they be released on bail.
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BA 1825 and 1465-16.doc
the incident. There is no prima facie material on record to indicate that these applicants were seen along with the main accused Mohammad Nadaf on the day he allegedly used their motor cycle. Apart from the said material and some random calls made to the main accused after the incident, there is no prima facie material to link the applicants with the crime.
ii) The applicants are ordered to be released on bail on the applicants furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand Only) each, with two solvent sureties in the like amount, to the satisfaction of the Special Court.
iii) The applicants shall not leave the jurisdiction of Sanjay Nagar Police Station, Sangli District, except for attending the trial at the Special Court at Pune, without prior permission of the Special Judge who is trying the MCOC Case No.76 of 2016.
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iv) The applicants are directed to report to the Senior P.I. of Sangli Police Station on every first Monday of the month, till conclusion of the trial.
(ANUJA PRABHUDESSAI, J.)
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3 issues framed by the court
Whether to release the applicants on bail given allegations of aiding the main accused in absconding
Whether there is prima facie material linking the applicants to the offence causing death
Whether the presence of the applicants is required for the custody
2 provisions across 1 enactments
Juber Mustaq Mujawar
Alamgir G. Patel
The State of Maharashtra
Anuja Prabhudessai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
