Single judge allowed bail application for an accused arrested in a murder and related offences under IPC and Arms Act, holding that a prima facie case was established and further detention was not warranted.
Applicant released on bail with security bond; ordered to appear monthly with police and before trial court.
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.
d-ba859-2023.doc
SA Pathan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
SHABNOOR AYUB PATHAN
BAIL APPLICATION NO.859 OF 2023
Digitally signed by SHABNOORAYUB PATHAN Date: 2023.08.02 12:21:02 +0530
Kisan Zungraji Ufade … Applicant V/s. The State of Maharashtra … Respondent
Ms. Sana Raees Khan with Mr. Aditya Parmar for the applicant.
Ms. Veera Shinde, APP for the respondent/ State.
Mr. Ghogari, PSI, Bharati Vidyapith Police Station, is present.
CORAM : AMIT BORKAR, J. DATED : AUGUST 2, 2023
P.C.:
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per month. The deceased used to work at E-Seva Kendra and passing loan proposals to the customers from banks as well as from credit societies. Co-accused Prakash Shinde and Hitendra Patole used to visit frequently to the office of deceased in relation to the loan proposal due to which deceased was knowing co-accused Prakash Shinde and Hitendra Patole.
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thereafter they left the place. The deceased was admitted to Sassoon Hospital, Pune, where the doctor declared him dead. Accordingly, the informant lodged first information report.
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to pay the said amount. The persons in the CCTV footage are records the assault which yet to be identified. The recovery of weapon and vehicle is at the instance of accused No.1. In the absence of test identification parade, at this stage, it cannot be ascertained that the role attributed to the applicant of catching hold of deceased is substantiated. The applicant has no criminal antecedents to his discredit. Nothing remains to be seized or recovered from the applicant. Investigation is completed, chargesheet is filed.
b) The applicant Kisan Zungraji Ufade be released on bail in connection with C.R. No.767 of 2021 registered with Bhartiya Vidyapeeth Police Station, Pune for offence punishable under Sections 302, 201, 34 of the Indian Penal Code, 1860 and Section 4(25) of the Indian Arms Act and Sections 37(1) read with Section 135 of the Bombay Police Act, on furnishing P.R. Bond in the amount of Rs.25,000/- with one or two sureties in the like amount;
b) The applicant shall mark his presence with the concerned police station on first Saturday of every month till conclusion of trial;
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each and every date unless specifically exempted by the Court;
d) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court;
e) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;
f) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;
(AMIT BORKAR, J.)
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2 issues framed by the court
Whether the applicant has made out a prima facie case sufficient to grant bail.
Whether further detention of the applicant is warranted at the bail stage despite the primae facie nature of the allegations.
4 provisions across 4 enactments
Kisan Zungraji Ufade
The State of Maharashtra
AMIT BORKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
