Single judge of Nagpur Bench rejected bail application in serious murder case. Court held incriminating evidence was ample, applicant was main assailant, and parity with co-accused did not apply. Bail refused to prevent witness intimidation.
Criminal Application rejected and pending applications disposed of order.
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 74-BA542-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO.542 OF 20 22
(DHIRAJ PRALHADRAO GAWANDE....VS.. STATE OF MAH. THR. PSO PS CIVIL LINES, AKOLA)
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
CORAM : A NIL S. KILOR, J. DATED : NOVEMBER 28, 20 22.
2 74-BA542-2022
At that time accused Vikram Gawande took out the fire extinguisher and assaulted on the head of Kisanrao, accused Ranjit assaulted by means of “Tocha” (a pointed article) and the other accused persons, including the applicant, had also assaulted Kisanrao by means of wooden chairs, due to which Kisanrao died. On the said report, the aforesaid offence was registered and charge sheet came to be filed.
3 74-BA542-2022
4 74-BA542-2022
The Criminal Application is rejected .
Pending application(s), if any, shall stand disposed of .
JUDGE
RRaut..
Digitally Signed By:RAJIV BABARAO RAUT PRIVATE SECRETARY Signing Date:22.12.2022 17:33
3 issues framed by the court
Whether bail should be granted to an accused charged with murder and assault causing death in a public office where incriminating material exists and there is risk of witness pressure.
Whether the principle of parity applies when co-accused have been granted bail but are not similarly circumstanced.
Whether contradictions between the FIR and witness statements are sufficient to grant bail at the bail hearing stage.
3 provisions across 3 enactments
Dhiraj Pralhadrao Gawande
A Nil S. Kilor
RRaut
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
