Allowed

Dilip Lalbahadur Vishwakarma and Anr. v. the State of Maharashtra

Bombay HC18 Apr 2018BA/563/2018

Case brief

AI extract

What is this about?

In Criminal Bail Application No. 563 of 2018, the High Court of Judicature at Bombay granted bail to two applicants charged under Sections 307 and 506 IPC. The court noted the applicants were not the ones who used the iron rod, had no antecedents, and the investigation was complete.

What did the court decide?

Application allowed; enlarged on bail by executing PR Bond of Rs. 10,000/- each with one or two sureties in the like amount.

Dilip Lalbahadur Vishwakarma and Anr. Vs the State of… — Bail and Remand | Bombay HC (2018)

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ba.563.18.911.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 563 OF 2018

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Dilip Lalbahadur Vishwakarma, 2. Amar Lalbahadur Vishwakarma ...Applicants Versus The State of Maharashtra ...Respondent

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Mr. Shashikant Sansane for the Applicants

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Ms. A. A. Takalkar, A.P.P for the Respondent-State

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PI Mr. Dilip R. Utekar from MIDC Police Station, is present

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CORAM : REVATI MOHITE DERE, J. WEDNESDAY, 18th APRIL, 2018

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P.C. :

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Heard learned Counsel for the parties.

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By this application, the applicants seek their enlargement on bail in connection with C.R. No. 412 of 2017 registered with the MIDC Police Station, Mumbai, for the alleged offences punishable under Sections 307, 506 r/w 34 of the Indian Penal Code.

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Perused the charge-sheet. The incident took place on 30^th

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September, 2017 at about 8:30 the evening. According to the complainant,

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SQ Pathan

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four persons came and assaulted him. Out of the said four persons, one person is alleged to have assaulted the complainant on his head with an iron rod. It appears that the complainant has sustained one injury on his head.

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Learned A.P.P, on instructions, states that the only allegation qua the applicants, who have been identified in the ID Parade, is that they assaulted the complainant with fist blows. She submits that the applicants are not amongst the accused, who had assaulted the complainant with an iron rod, on his head.

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The applicants have been in custody since 6^th October, 2017. Investigation is complete and charge-sheet is filed. The applicants have no antecedents.

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Considering the role of the applicants and the fact that the investigation is complete and charge-sheet is filed, the applicants are enlarged on bail on the following terms and conditions :

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ORDER

(i) The applicants be enlarged on bail, on executing PR Bond in

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the sum of Rs. 10,000/- each, with one or two sureties in the like amount;

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(ii) The applicants shall not tamper the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

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(iv) The applicants shall inform their latest places of residence and mobile contact numbers and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

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(v) The applicants to cooperate with the conduct of the trial.

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The application is allowed in the aforesaid terms and is accordingly disposed of.

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It is made clear that the observations made herein are prima facie, and the trial Court shall decide the case on its own merits, in accordance with law, uninfluenced by the observations made in this order.

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All concerned to act on the authenticated copy of this order.

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REVATI MOHITE DERE, J.

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SQ Pathan

Dilip Lalbahadur Vishwakarma and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Dilip Lalbahadur Vishwakarma and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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