Bail application filed under Section 439 CrPC for release on bail. Court found case based on circumstantial evidence and no premeditation from extra-judicial confession, granting bail after 1.5 years in custody.
Released on bail on furnishing P.R. Bond of Rs.25,000/- with one or two sureties in the like amount.
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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31-BA-221-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 221 OF 2022
Ganesh Gopal Gaikwad…Applicant
V/s.
The State of Maharashtra...Respondent
Mr. Amit Solkar, for the Applicant.
Mr. Amit Palkar, APP, for the Respondent/State.
CORAM :N.R. BORKAR, J.
DATE :14.12.2022.
P.C. :
This is an application filed under Section 439 of the Code
of Criminal Procedure, 1973 for grant of bail.
2.The applicant came to be arrested in Crime No. 48 of 2021
registered at Shirol Police Station, for the offence punishable under
Section 302 read with 34 of the Indian Penal Code.
3.The deceased was the aunt of the present applicant. There
was some property dispute between the present applicant and
deceased. According to the prosecution, on account of said dispute on
07/03/2021, the present applicant and his friend, who is juvenile
assaulted the deceased by koyta and committed her murder.
4.I have heard the learned counsel for the applicant and the
learned APP for the respondent/State.
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A. J. Vallakati
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31-BA-221-22.doc
5.The case is based on circumstantial evidence. Prima facie
from the alleged extra judicial confession the incident does not appear
to be premeditated. The applicant is in jail for more than one and half
years. Considering the facts and circumstances of the case, I am
inclined to release the applicant on bail. In the result, following order
is passed:
ORDER
A)The Application is allowed.
B)The applicant be released on bail in Crime No. 48 of 2021
registered at Shirol Police Station, for the offence punishable
under Section 302 read with 34 of the Indian Penal Code, on
furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty
Five Thousand) with one or two sureties in the like amount.
[N.R.BORKAR, J.]
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A. J. Vallakati
1 issue framed by the court
Whether the applicant should be granted bail under Section 439 CrPC considering the circumstances of the case.
1 provisions across 1 enactments
Ganesh Gopal Gaikwad
The State of Maharashtra
N.R. BORKAR
As recorded by the court registry
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