Applicant sought anticipatory bail in a murder case alleging she only used foul language. Court noted no motive, investigation complete, and breach of conditions. Allowed application confirming ad interim bail with same terms.
Application allowed. Ad interim relief granted by order dated 08.12.2020 confirmed with same terms and conditions.
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 BENCH AT AURANGABAD
13 ANTICIPATORY BAIL APPLICATION NO. 1135 OF 2020
SARLABAI DAULATSING GIRASE VERSUS
THE STATE OF MAHARASHTRA
Advocate for Applicants : Mr. A.B. Girase. AGP for Respondent : Ms. R.P. Gour.
CORAM : MANGESH S. PATIL, J. DATED : 11.01.2021
PER COURT :
This is an application under Section 438 of the Code of Criminal Procedure.
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and succumbed.
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that the offence is serious and punishable up to death or life imprisonment. A person has died. There is sufficient evidence to reveal complicity of the applicant in instigating the other accused. Such instigation has resulted in causing death. There is no dispute as to the identity. The investigating Officer is entitled to have an opportunity to interrogate her and the application may be rejected.
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of one head injury attributable some other accused and even the weapon used i.e. wooden log has been recovered.
( MANGESH S. PATIL, J. )
S.P.C.
2 issues framed by the court
Whether an application for anticipatory bail deserves to be allowed when the applicant is alleged to have used foul language and exhorted others in a death case.
Whether the confirmation of ad interim anticipatory bail is justified in the absence of allegations of breach of conditions and lack of motive for the applicant.
1 provisions across 1 enactments
SARLABAI DAULATSING GIRASE
THE STATE OF MAHARASHTRA
MANGESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
