Bail application filed in a murder case. Court noted weak incriminating circumstances and granted bail, citing the grant of bail to a co-accused with similar evidence.
Released on bail on ₹25,000 with one or two sureties.
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.
1 913-BA No.534-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.534 OF 2019
Rakesh Tukaram Koshti ] … Applicant Versus The State of Maharashtra ] … Respondent
Mr. Aniket Nikam i/b Mr. Vivek Arote, Advocate for the Applicant. Mr. Prashant Jadhav, APP for the State/Respondent.
CORAM :- SARANG V. KOTWAL, J. DATE :- 20 JUNE, 2019.
P. C. :-
Purti Parab
1 of 5
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Purti Parab
2 of 5
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firstly it was recorded after more than one and half years and secondly because the applicant was taken to him by the police. Even that statement does not show that he had identified the applicant as the person who had purchased the petrol. In that case he would be in a position to fix the identity. As per his statement petrol was regularly dispatched in bottle in case of needy persons. The police have also recorded statement of the applicant u/sec. 27 of the Indian Evidence Act wherein the applicant is supposed to have shown the petrol pump from where the petrol was purchased. However, since nothing was discovered pursuant to his statement, that submission also does not fulfill the requirement of Section 27 of the Indian Evidence Act.
4 of 5
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noticed by the person in whose custody the car was or that suddenly after two years the blood stains would be available in the car. This aspect has been taken into consideration by this court while granting bail to the co-accused Sham Mahajan.
ORDER
(SARANG V. KOTWAL, J.)
Purti Parab
5 of 5
1 issue framed by the court
Whether bail should be granted to the applicant accused of murder where evidence is weak and a co-accused with similar evidence was granted bail.
Colour shows how this judgement treated each authority
BA No.1374/18Referred¶9
Rakesh Tukaram Koshti
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
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