Single judge granted regular bail to the applicant in a murder case after finding the improvement in the victim's supplementary statement to be based on hearsay theory regarding the applicant's presence and involvement.
Released on bail by executing PR Bond of Rs. 25,000 with one or two sureties in the 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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 10 OF 2019
Pandurang @ Bapu Yeshwant Gandale … Applicant Versus The State of Maharashtra … Respondent
Mr. Aniket Nikam for Applicant. Mr. N. B. Patil, APP for Respondent – State.
Mr. Amit Walke, PSI, Mundhwa Police Station, Pune present in Court.
CORAM : NITIN W. SAMBRE, J. DATE : JANUARY 14, 2019.
P.C. :
. In Crime No. 155 of 2018 for an offence punishable under Sections 302, 326, 109 read with Section 34 of the Indian Penal Code, the Applicant is seeking regular bail. The Applicant came to be arrested on June 27, 2018.
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Accused pursuant to a supplementary statement of the complainant recorded on June 27, 2018.
deceased namely, Manoranjana Gandle was in mentally disturbed condition, she might not have named the Applicant.
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into registration of crime against the Applicant at the behest of the deceased for an offence punishable under Section 324 read with Section 34 of the Indian Penal Code.
ORDER
with one or two sureties in the like amount.
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(NITIN W. SAMBRE, J.)
2 issues framed by the court
Whether the applicant has made out a prima facie case for grant of bail given the improvement in the probation statement of the victim.
Whether the absence of the applicant's name in the initial FIR and the reliance on hearsay theory for his alleged presence negate grounds for bail.
2 provisions across 1 enactments
Pandurang @ Bapu Yeshwant Gandale
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
