The High Court of Bombay Criminal Appellate Jurisdiction rejected the bail application of an accused involved in a fatal assault and affray trial, deeming him not a fit case for bail due to strong material against him and the possibility of witness tampering.
Bail application rejected; trial of applicant is expedited.
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.750 OF 2019
Sohrabali Annavarali Shah ...Applicant Versus State of Maharashtra ...Respondent
Mr.S.V.Marwadi a/w Mr.V.S.Pandey i/b Mr.S.U.Pandey, for the Applicant. Mr.S.V.Gavand, A.P.P for the Respondent - State.
CORAM : REVATI MOHITE DERE, J.
DATE : 29th AUGUST, 2019
P.C. :
1. Heard learned counsel for the parties.
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about 11.15 a.m. He has alleged that the applicant along with other coaccused called Wasiullaha Shaikh (deceased) to a Gala at Andheri for lunch, and thereafter all the accused including the applicant assaulted Wasiullaha (deceased) and him (complainant) with iron rods, pipe on their hands, legs, stomach, chest and back. The motive alleged against the applicant is, that a case was registered as against him (applicant) with Niphad Police Station, which was registered vide C.R.No.146 of 2016, and as such the applicant was a wanted accused in the said C.R. It is alleged that Wasiullaha (deceased) was a police informer and gave information about the whereabouts of the applicant, pursuant to which, the applicant harboured a grudge against Wasiullaha (deceased). It is alleged that pursuant thereto, all the accused conspired with each other, called Wasiullaha (deceased), to the Gala on the pretext of having lunch and thereafter assaulted him. A perusal of the postmortem report shows that Wasiullaha (deceased) had sustained multiple injuries. A perusal of Column No.17 of the postmortem report shows, that Wasiullaha (deceased) had sustained as many as 12 injuries. Apart from the complainant/injured there is another injured – Shamsuddin Shah, who has also disclosed the complicity of the applicant in the alleged offences. The possibility of the applicant tampering with the witnesses also cannot be ruled out.
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REVATI MOHITE DERE, J.
1 issue framed by the court
Whether the applicant should be granted bail in connection with offences punishable under Sections 302 IPC and others.
1 provisions across 1 enactments
Sohrabali Annavarali Shah
State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
