Application for bail in connection with offences of voluntarily causing hurt, kidnapping for ransom, and common intention was allowed. The court imposed a bond with sureties and directed cooperation in the trial.
Enlargement on bail on furnishing P.R. Bond of Rs.15,000 with one or two local sureties in like amount.
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.
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nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.87 OF 2018
Rahul Rama Thorat ...Applicant Versus State of Maharashtra ...Respondent
Mr.V.V.Purwant, for the Applicant.
Ms.A.A.Takalkar, A.P.P for the Respondent-State.
A.P.I. - P.T.Kale, Kasarvadavli Police Station, Thane.
CORAM : REVATI MOHITE DERE, J.
DATE : 9th APRIL, 2018
P.C. :
1. Heard learned counsel for the parties.
bail in connection with C.R.No.I-126 of 2017 registered with the Kasarvadavli Police Station, Thane, for the alleged offences punishable under Sections 353, 364, 332 r/w 34 of the Indian Penal Code.
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Savasakade (Police Nayak), the incident took place in the intervening night of 4th July, 2017 and 5th July, 2017, when he was on duty. The complainant has alleged that he found one car bearing no.MH-03-BC-8875 parked at Bhoi Pada Girikunj Society; that as he found the persons sitting in the said car, suspicious, he made enquiries with the said persons and sought their details; that when he questioned them about their license, they replied that they had forgotten the license at home; that he asked the said persons to get down from the said vehicle and asked them to open the dikki of the car; that the said persons sitting in the car including the applicant forcibly pulled him (complainant) in the car and kidnapped him; and that when he asked the person who was driving the car to stop the car, he did not stop the car and instead drove the car faster. The complainant has further alleged that one of the persons sitting on the rear seat of the car, asked that he be thrown outside the car and it is at this stage that the complainant apprehending danger, pulled the driver, resulting in the driver losing control over the car and dashing into the tree. The applicant is one of the accused, who appears to have been in the car, when the complainant was abducted. In the said incident, the complainant has sustained abrasion over his wrist, blunt
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trauma to his left leg and to his neck and shoulder. The applicant is aged 20 years and is in custody since 7th July, 2017. Investigation is complete and
charge-sheet is filed. The applicant has no antecedents.
applicant is enlarged on bail on the following terms and conditions:-
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in the
sum of Rs.15,000/- with one or two local sureties in the like amount;
Court, the prosecution will be at liberty to apply for cancellation of Applicant's bail.
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facie and are confined to this application and the learned Judge to decide
the case on its own merits, uninfluenced by the observations made herein.
(REVATI MOHITE DERE, J.)
1 issue framed by the court
Whether the criminal bail application sought by the applicant should be allowed given the nature of allegations and lack of antecedents.
1 provisions across 1 enactments
Rahul Rama Thorat
State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
