High Court granted bail to the applicant in a criminal bail application relating to offences under IPC and Arms Act, noting lack of specific allegations against him and release of co-accused on bail.
Applicant directed to be released on bail on a bond of Rs. 25,000 with one or two 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.
30-BA 47-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 47 OF 2019
Vicky Rajendra Sarode ...Applicant Vs. State of Maharashtra ...Respondent
CORAM : SARANG V. KOTWAL, J. DATE : 16th AUGUST, 2019
P.C. :
Nikita Gadgil
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30-BA 47-19.odt
Rehana Shaikh. She has stated in her FIR that her family was having enmity with Akash Phuge, Shahrukh, Julfiquar and Javed Shaikh. On 19th February 2018, at about 9.30 p.m., she heard commotion in the area. She came in the balcony and saw that her brother's swift car was being attacked by two boys, who had masked themselves. Accused Shahrukh was giving abuses in the name of the informant's brother. Informant shouted from the balcony. One of the accused had threatened her. That boy was accused Akash Phuge. Thereafter, people from locality gathered and the accused went away. The car was damaged as both the glasses of the car were broken. On these basis the FIR was lodged.
Nikita Gadgil
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30-BA 47-19.odt
Sharhukh and Dinesh also threatened him. The accused Shahrukh and Akash forcibly took away his silver chain and silver bracelet. Thus, offence under Section 395 of the IPC was also added against them.
Nikita Gadgil
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30-BA 47-19.odt
part of the incident when Javed Shaikh was robbed is concerned, even then except mere presence of the present applicant, there are no allegations against him concerning any over act. The applicant is in custody since 28th February 2018. There is hardly any material against the present applicant in the entire chargesheet.
ORDER
(I) The Applicant is directed to be released on bail in connection with C.R. No.118/18 registered at Yerwada Police Station, on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.
(ii) Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
Nikita Gadgil
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1 issue framed by the court
Whether the applicant should be released on bail given the lack of material connecting him to the incident and the pending bail of co-accused.
3 provisions across 2 enactments
Vicky Rajendra Sarode
State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
