Single judge of Bombay High Court allowed joint bail applications and directed release of two arrestees on ₹25,000 bond with sureties and reporting conditions, noting lack of specific overt acts attributed to them and absence of antecedents.
Released on bail on furnishing PR bond of Rs.25,000 each with sureties and reporting to police once a month.
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.595 OF 2019
Santosh Narayan Kharate, Age 24 years, R/o.Room No.1, Sadashiv Kamble Chawl, Near Datta Mandir, Kanur Village (E), Mumbai-400 042.
Applicant
versus The State of Maharashtra Respondent
WITH
CRIMINAL BAIL APPLICATION NO.494 OF 2019
Shailendra Shinde, Age 42 years, R/o.Room No.4, Mourya Chawl, Near Datta Mandir, Manjur Village, Bhandup (W), Mumbai-400 042.
Applicant
versus The State of Maharashtra Respondent
Mr.N.V.Sawant for applicants. Mrs.A.A.Takalkar, APP, for State. Mr.S.K.Nimbalkar, PSI, Kanjurmarg Police Station, present.
CORAM : PRAKASH D. NAIK, J.
DATE : 5th March 2019
PC :
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by the complainant. It is alleged that thereafter about 10 to 12 persons started quarreling with the complainant. On 20th October 2018 complainant was sleeping at his house and at that time the accused forcefully entered into the house of complainant and he was assaulted. Allegedly some of them were armed with weapons. One of them assaulted him by sword. He was taken to hospital as he had sustained injury to head. On completing investigation charge sheet is filed. The advocate for applicant submits that no specific overt act has been attributed to the applicants. There is no recovery of any weapon from the applicants. There is no strong evidence to show involvement of the applicant in crime. The injured was discharged from hospital immediately.
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have also perused the injury certificate which shows that the complainant had sustained one incise wound at the left side of parietal region and injury on the right eye. The applicants are in custody from 28th October 2018 and there are no criminal antecedents against them. Hence, case for grant of bail is made out.
ORDER
(i) Criminal Bail Application No.595 of 2019 and Criminal Bail Application No.494 of 2019 are allowed and disposed off;
(ii) The applicants are directed to be released on bail in connection with CR No.159 of 2018 registered at Kanjurmarg Police Station, on furnishing PR bond in the sum of Rs.25,000/- each with one or more sureties in the like amount;
(iii) The applicants shall report Kanjurmarg Police Station once in a month on every first Saturday of the month between 11 am and 1 pm till further orders;
(iv) The applicants shall not tamper with evidence and shall attend Trial Court proceedings regularly, unless exempted by the Trial Court for any reason;
(v) The applicants are permitted to furnish cash security in the sum of Rs.25,000/- each for a period of six weeks.
(PRAKASH D. NAIK, J.)
MST
2 issues framed by the court
Whether bail should be granted to applicants charged under sections 307, 302, and other sections of IPC in a case of assault and attempt to murder given lack of specific overt acts attributed to them.
Whether the case for grant of bail is made out considering the lack of strong evidence and criminal antecedents of the applicants.
2 provisions across 1 enactments
Santosh Narayan Kharate
Shailendra Shinde
The State of Maharashtra
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
