Single judge allowed bail to an accused arrested in a murder case. The court held that possibility of private defence existed, recovery of axe lacked blood stains, and no other serious evidence existed against the applicant.
Released on Police Bond of Rs. 20,000/- with one solvent surety on condition of non-tampering with prosecution evidence.
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} BA 198 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
908 BAIL APPLICATION NO.198 OF 2022
Dilip s/o Aabasaheb Goyakar Age’ 36 years, Occu.: Agri. R/o. Aarsoli, Tq.Bhoom, Dist.Osmanabad. ..Applicant
VERSUS
The State of Maharashtra (Through the Police Station Paranda, Tq.Paranda, Dist.Osmanabad) ..Respondent
Advocate for Applicant : Shri Ganesh J. Kore APP for Respondent : Shri G.O.Wattamwar
… CORAM : M.G.SEWLIKAR, J.
DATE: 6th April, 2022
PER COURT :-
{2} BA 198 OF 2022
wife Sarika, it appears that applicant had given extra judicial confession that he had snatched the axe from deceased Vilas and killed him and threw his dead body in the village at Devalali. Accordingly, applicant was arrested.
{3} BA 198 OF 2022
the applicant submits that deceased Vilas was facing trial under Section 302 of the Indian Penal Code. Learned APP also endorses this fact. Having regard to this, the possibility of applicant exercising his right of private defence cannot be ruled out. Axe has been recovered at the instance of the applicant. However, it has no blood stains. In this view of the matter, I am inclined to release the applicant on bail. Hence, the order :-
ORDER
i) Bail Application is allowed.
ii) Applicant be released on P.R.Bond of Rs.20,000/- (Rs. Twenty thousand only) with one solvent surety in the like amount, in connection with Crime No. 0322 of 2021, registered with Paranda Police Station, Dist.Osmanabad, under Sections 302, 201 of the Indian Penal Code, and on condition that he shall not tamper with the prosecution evidence.
iii) Bail Application is disposed of.
iv) It is clarifed that the observations made in this order are restricted to the decision of this application only and the trial Court shall not get infuenced by the same and can come to its independent conclusion during trial.
( M.G.SEWLIKAR ) JUDGE
SPT
2 issues framed by the court
Whether the applicant is eligible for bail in a murder case involving extra-judicial confession and recovery of axe.
Whether the possibility of exercising private defence negates the danger of absconding or tampering with evidence.
2 provisions across 1 enactments
Dilip s/o Aabasaheb Goyakar
The State of Maharashtra
M.G. Sewlikar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
