In a bail application regarding a robbery case under IPC Sections 395 and 120B, the High Court allowed the bail petition, noting the belated identification parade and absence of physical recovery to favor the applicant.
Applicant directed to be released on bail on furnishing a PR bond of Rs. 25,000 with sureties and cash security for six weeks.
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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1/4 ba-388.2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.388 of 2019
Yaakub Ambiya Bhabe ... Applicant
V/s.
The State of Maharashtra ... Respondent
…....
Mrs. Tahera Qureshi for Applicant. Mrs. G.P. Mulekar, APP for Respondent-State.
…....
CORAM : PRAKASH D. NAIK, J.
DATE : 5th MARCH, 2019.
P.C.:
This is an application for bail in connection with C.R. No. I-186 of 2018, registered with Wada Police Station, Dist. Palghar, for offences punishable under Sections 395 and 120B of Indian Penal Code (hereinafter referred to as 'IPC' for short) and Sections 3 and 5 of Arms Act. The applicant was arrested on 4th September, 2018.
bdp 2/4 ba-388.2019.doc
entering through the window. The accused used country made revolver and knife to threaten the complainant and his family and looted cash and jewellery worth Rs.4,40,000/-. The FIR was lodged on 17th July, 2018. After completing investigation, charge-sheet was filed.
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3/4 ba-388.2019.doc
ORDER
(i) Criminal Bail Application No.388 of 2019 is allowed and disposed off;
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4/4 ba-388.2019.doc
Wada Police Station, on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
(PRAKASH D. NAIK, J.)
2 issues framed by the court
Whether the applicant is eligible for bail in a robbery case involving IPC sections 395 and 120B.
Whether the belated conduct of identification parade and lack of recovery justify granting bail.
2 provisions across 2 enactments
Yaakub Ambiya Bhabe
State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
