High Court granted bail to two applicants accused of murder. The court held that since a co-accused with an identical role had already been released and no weapon was used, further custody was unnecessary despite the serious charge.
Applicants released on bail subject to Bond of Rs.25,000/- each and furnishing cash security.
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.
15-ba-1003-18.odt
Sknair
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1003 OF 2018
Mr. Aniket Gawand I/by R.P. Javanjal for the applicants. Ms. A.A. Takalkar, APP for the Respondent-State. Mr. Gujar, P.I. Traffic Department Kurla is present in person.
CORAM : PRAKASH D. NAIK, J. DATE : 27th AUGUST, 2018.
P.C.
1 of 4
15-ba-1003-18.odt
Sknair
attributed similar role has been granted bail by this Court. Applicant is in custody for about one and half year.
2 of 4
15-ba-1003-18.odt
Sknair
had sustained the following injuries.
Admittedly, no weapon was used in the commission of the offence. The other accused has been granted bail. Both of them were attributed same identical role. In the circumstances, further custody is not required. Taking into consideration the aforesaid aspects, the case for grant of bail is made out.
ORDER
ii) The applicants are directed to be released on bail in connection with C.R No. 84 of 2017 registered with Shahu Nagar Police Station which is subject matter of Sessions Case No. 490 of 2017 on furnishing P.R. Bond of Rs.25,000/- each with one or more sureties in the like amount;
3 of 4
15-ba-1003-18.odt
Sknair
of Rs.25,000/- (Rs. Twenty Five Thousand only) for a period of four weeks
iv) Applicants shall report at Shahu Nagar Police Station once in a month on first Saturday between 10 a.m. to 12 noon till conclusion of the trial;
vii) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses;
viii) The application stands disposed off.
( PRAKASH D. NAIK, J. )
Digitally signed by Sachidanand Sachidanand Kuttan Nair Kuttan Nair Date:2018.08.29 14:57:10 +0530
4 of 4
2 issues framed by the court
Whether bail is warranted when co-accused with identical roles have been granted bail.
Whether parity in role justification supports release on bail in a murder case.
3 provisions across 1 enactments
Mohd. Arif
Mohd. Sheif
State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
