Pre-arrest bail application in a criminal trial for attempted murder. Court held that inconsistencies in identifying the applicant as an assailant failed to make out a strong prima facie case. Bail granted with conditions.
Released on bail upon furnishing a Police Recoverable bond of Rs. 30,000 with one or two sureties in the same 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.
37-aba-932-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.932 OF 2023
Sunil Sidgounda Patil ...Applicant vs. The State of Maharashtra ...Respondent
Mr. Kedar Patil a/w. Mr. Pratik Tare, Ms. Sakshi Kadam, Ms. Gargi Joshi, Mr. Jitesh Mundwar, for the Applicant. Mr. M.G. Patil, APP, for the Respondent/State. Mr. S.K. Hasti, PN, Ajara police station present.
CORAM : N. J. JAMADAR, J. DATE : SEPTEMBER 05, 2023
P.C.:
a sharp edged iron weapon. He lost consciousness. When he
Vishal Parekar
...1
37-aba-932-2023.doc
regained consciousness, he found himself at Attargi Hospital.
Vishal Parekar
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37-aba-932-2023.doc
before. From the perusal of the allegations in the first information report, it prima facie appears that the first informant had an opportunity to see the assailants. The failure to name the applicant as one of the assailants whom the first informant claimed to have known, makes out a prima facie case in favour of the applicant. The circumstances sought to be pressed into service against the applicant on behalf of the prosecution do not make out a strong prima facie case against the applicant. I am, therefore, inclined to exercise the discretion in favour of the applicant.
Hence, the following order.
ORDER
1] In the event of arrest in C.R. No. 167 of 2022 registered with Ajara police station, the applicant Sunil Sidgounda Patil be released on bail on furnishing a P.R. bond in the sum of Rs. 30,000/- with one or two sureties in the like amount.
2] Applicant shall cooperate with the investigation and attend Ajara police station, Kolhapur on 6th , 7th and 8th October, 2023.
3] Applicant shall not tamper with the prosecution evidence and give threat or inducement to first informant or any of the prosecution witnesses.
4] It is clarified that these prima facie observations are confined to determine entitlement to pre-arrest bail only.
Application stands disposed.
Vishal Parekar
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2 issues framed by the court
Whether the failure of the first informant to initially name the applicant as an assailant establishes a lack of strong prima facie case for arrest.
Whether the application for pre-arrest bail should be allowed given the inconsistencies regarding the applicant's identification.
2 provisions across 2 enactments
Sunil Sidgounda Patil
The State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
