Two bail applicants accused in a murder case were granted bail. The High Court held they were similarly situated to other co-accused who had already been released, necessitating bail on grounds of parity. Conditions were imposed.
Applicants released on bail on furnishing a PR bond of Rs. 25,000/- each with sureties subject to 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.
Nalawade
916-49-ba-2852-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.2852 OF 2018
Taufiq Ahamad Dhanse ...Applicant. Vs.
The State of Maharashtra
...Respondent.
WITH
BAIL APPLICATION NO.2963 OF 2018
Asgar Ahamnad Dhanse ...Applicant. Vs.
The State of Maharashtra
...Respondent.
Mr.Rajendra Sorankar for the Applicants. Mr.Ajay Patil, APP. for the State.
Mr.Amin Solkar with Ms. Misbaah Solkar and Rahla Memon for the Intervener.
CORAM : A.S.GADKARI, J. DATE 20th December, 2018
PC :-
1. These are applications under Section 439 of the Code of Criminal
Procedure for bail in CR No.29 of 2018 dated 1st May, 2018 registered
with M.I.D.C. Police Staiton,District Raigad under Sections
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Nalawade 916-49-ba-2852-18.doc 143,147,148, 302, 323,504 read with Section 149 of the Indian Penal
Code and other provisions of Bombay Police Act, 1951, now culminated into Sessions Case No.27 of 2018.
The prosecution case in brief is that, due to the dispute over the landed property, there was enmity between the deceased Mohiddin Hurzuq and his family members on one side and the applicants and their family members on the other side. That, on 1st May, 2018 at about 10.00 p.m. the applicants along with other 10 accused persons, assaulted Mohiddin Hurzuq (deceased ) to the first informant with stone, stick, fist and kick blows. In the said assault Mohiddin Hurzuq got unconscious. He was taken to the M.M.A. Hospital, MIDC, Mahad
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916-49-ba-2852-18.doc
Nalawade
where he was declared brought dead.
During the course of investigation, the applicants are arrested on
3rd May, 2018 and after completion of investigation the police have submitted charge-sheet.
Injury lateral 2x1 cm.
The Medical Officer has opined as to the probable cause of death
is due to 'intra cranial bleeding, secondary is cardiopulmonary, arrest second to assault.
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Nalawade 916-49-ba-2852-18.doc caused by accused No.6 Kamal Dhanse. The role attributed to the applicants is that they assaulted Mohiddin with sickle, fist and kick blows on his beck. The co-accused Nos.5, 10 and 12 namely Akib Dhanse, Saklen Dhanse and Zulfikar Antule who are similarly situated have been granted bail by this Court by its Order dated 24.11.2018. The applicants are similarly situated with those accused persons and therefore, the applicants are entitled to be released on bail on the ground of parity.
Hence, the following order.
a) The applicants be released on bail CR No.29 of 2018 registered with MIDC, Mahad Police Station, on their furnishing PR bond of Rs.25,000/- each with one or two solvent local sureties in the like amount.
b) The applicants shall provide their permanent as well as temporary address, if any, and their contact details to the Investigating Officer and in the bail bond.
c) The applicants shall not change their residential address without prior intimation to the Investigating Officer.
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Nalawade 916-49-ba-2852-18.doc d) The applicants shall attend all the dates before the trial Court unless precluded on medical ground.
e) In case of any two consecutive defaults the prosecution is at liberty to file application for cancellation of bail. f) The applicants shall not tamper with the evidence and /or influence the prosecution witnesses.
g) In case of any two consecutive defaults the prosecution is at liberty to file application for cancellation of bail.
It is made clear that the applicant shall co-operate to the Trial Court for expeditious hearing of the trial.
Applications are allowed in the aforesaid terms.
(A.S. GADKARI, J.)
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1 issue framed by the court
Whether the applicants who are co-accused in a murder case involving grievous injuries are entitled to bail on grounds of parity with similarly situated co-accused already granted bail.
1 provisions across 1 enactments
Taufiq Ahamad Dhanse
Asgar Ahamnad Dhanse
The State of Maharashtra
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
