This Court rejected a subsequent bail application under Section 439 CrPC filed by an accused in a road rage assault case. The Court held that since there was no change in circumstances and the case involved dangerous weapons, bail could not be granted even though a co-accused was released.
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.
BA 897-18.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 897 OF 2018
Vinod alias Robert Ganpat Badade
.Applicant
Vs.
The State of Maharashtra .Respondent
Mr. V. B. Shivarkar, Advocate, for the Applicant Mr. S. R. Agarkar, APP, for the Respondent – State
CORAM : SMT. SADHANA S. JADHAV, J. DATE : 05.07.2018
P.C.
. Heard learned counsel for the Applicant and the learned APP for the Respondent – State.
Code of Criminal Procedure. The earlier Application was withdrawn before this Court on 14.12.2017. The co-accused – Shubham alias Guddu Ankush Sanas has been granted bail by this Court ( Coram : P. N. Deshmukh, J. ) vide Order dated 22.03.2018 and therefore, learned counsel for the Applicant submits that by virtue of doctrine of parity as well as the discrepancies in the material collected by the investigating agency, the Applicant deserves to be enlarged on
1 of 5
BA 897-18.doc
bail.
2 of 5
BA 897-18.doc
the present Applicant in the first information report.
3 of 5
BA 897-18.doc
Sunil Jagdale has also stated that it was Vinod Badade i. e. the present Applicant and his five associates who had assaulted Shantaram with sickles and sticks. The supplementary statement of the injured was recorded on 15.03.2016, wherein he has stated that Shubham alias Guddu Sanas had assaulted him with a sickle on his face, head etc.. Learned counsel also submits that the Injury Certificate would show that there were three stab injuries below legs. There was fracture of both tibia. There was displaced fracture of the wall of bilateral maxillary sinuses, right zygomatic arch, lateral wall of right orbit etc.. There are more than four contused lacerated wounds which are on the face i. e. nose, eyelids, ear and right eye.
4 of 5
BA 897-18.doc
almost cause death of the person. Presently, the cases of road rage are
rampant and there has to be some deterrence to such persons. It is in the aforesaid circumstances that besides change in the Advocate, there is no change in circumstances to consider the Bail Application.
(SMT. SADHANA S. JADHAV, J.)
5 of 5
2 issues framed by the court
Whether to enlarge the applicant on bail subsequently after a co-accused was granted bail in a road rage assault case.
Whether the principle of parity and discrepancies in the prosecution material warrant granting bail.
1 provisions across 1 enactments
Vinod alias Robert Ganpat Badade
The State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
