Allowed

Shahrukhkhan S/O. Sayyad Sardarkhan and Another (in Jail) v. State of Maharashtra Thr. P.S.O. Sakkardara Police Station Nagpur

Bombay HC27 Apr 2017BA/177/2017

Case brief

AI extract

What is this about?

The High Court allowed the bail application, holding that eye witnesses could not directly connect the applicant to the deceased injuries and test identification parades were conducted with same dummies. Bail granted on bond.

What did the court decide?

Release on bail on PB of Rs. 30,000/ with one surety granted subject to conditions of attendance and non-tampering.

Shahrukhkhan S/O. Sayyad Sardarkhan and Another (in Jail) Vs… — Bail and Remand | Bombay HC (2017)

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1 ba177.17

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Criminal Application (BA) No. 177 of 2017

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Shahrukhan and anr v. State of Maharashtra

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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Shri R. K. Tiwari, Advocate for applicants Shri Neeraj Patil, APP for respondent-State

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Coram : S. B. Shukre, J

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Dated : April 27, 2017

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Heard. Perused reply of prosecution and charge-

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sheet.

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It appears from the statements of witnesses that the blows which caused fatality in this case, are attributed to the accused persons who were wearing blue T-shirt and yellow half T-shirt. The other eye witness states that he saw the assault being made on the complainant. But sofar as deceased is concerned, it appears, this witness does not connect the applicant with the injuries sustained by deceased Shekhar. Therefore, even though this application has been opposed by learned Additional Public Prosecutor on the ground that the other eye witnesses attributed some role or the other to the applicant, I find that the argument cannot be accepted straightway. There are some distinguishable features to the role of this applicant. Then, same dummies have been used in every round for holding test identification parade. The cumulative effect of all these circumstances will be, now, the applicant is entitled to be released on bail. Hence, I am inclined to allow this application.

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2 ba177.17

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Application is allowed and it is directed that the applicant be released on bail in crime No. 136/2016 registered with Police Station, Sakkardara, Nagpur for the offences punishable under Sections 143, 147, 148, 149, 302, 307 and 120B of the Indian Penal Code and Sections 4 and 25 of the arms Act on furnishing PR Bond of Rs. 30,000/together with one solvent surety, on the following conditions:

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(i) Applicant shall regularly attend all dates as may be fixed by the trial Court.

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(ii) Applicant shall cooperate with the trial Court for expeditious disposal of the trial.

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(iii) Applicant shall not tamper with prosecution evidence in any manner.

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Application is disposed of.

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JUDGE

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joshi

Shahrukhkhan S/O. Sayyad Sardarkhan and Another (in Jail) v. State of Maharashtra Thr. P.S.O. Sakkardara Police Station Nagpur

Case brief

What is this about?

What did the court decide?

Shahrukhkhan S/O. Sayyad Sardarkhan and Another (in Jail) v. State of Maharashtra Thr. P.S.O. Sakkardara Police Station Nagpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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