Criminal bail application rejected. The court held that sufficient direct evidence and eye witnesses existed against the applicant, inferring mens rea for murder under Section 302 IPC, warranting rejection of bail.
Bail application rejected; applicant remains in custody.
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 7) ba95-19.doc
SAS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.95 OF 2019
Rishikesh Dinkar Gulave ..Applicant. V/s. The State of Maharashtra ..Respondent.
Mr.Kuldeep S.Patil for the applicant.
Mr. S.S.A Hulke, APP for the respondent-State.
CORAM : NITIN W. SAMBRE, J.
DATE : JANUARY 15, 2019
P.C.:-
Heard learned counsel for the applicant and learned APP for the State.
2 7) ba95-19.doc
part of applicant in the offence punishable under section 302 of the Indian Penal Code.
( NITIN W. SAMBRE, J. )
2 issues framed by the court
Whether bail can be granted to the applicant charged with murder under Section 302 IPC despite direct evidence and eye witnesses naming him as an active role player.
Whether the existence of direct evidence against the applicant negates the requirements for bail relief.
3 provisions across 2 enactments
Rishikesh Dinkar Gulave
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
