This single-judge order rejects an interim bail application filed by the applicant, who was accused of robbery and dacoity. The court noted prima facieliği due to recoveries made from the applicant and his antecedents.
Bail application rejected. Impugned order dismissed.
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.
904-ba-932-2022.doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.932 OF 2022
Vilas Raju Mirazkar ....Applicant
Versus
The State of Maharashtra and anr. ...Respondents
Mr. S. T. Pandey along with Mr. Arvind Singh, Ms. Anima Mishra, Ms. Ritu Singh, Mr. Anuj Singh, Mr. Nagesh Avhad and Ms. Kajal Upadhyay i/b. SBG Law, Advocates for the Applicant. Ms. Anamika Malhotra, APP for Respondent-State.
CORAM : SHIVKUMAR DIGE, J.
DATE : 14th SEPTEMBER, 2023.
P.C. :
Penal Code, 1860, Section 4/25 of the Arms Act and Section 3(1), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999.
9.45 pm to 10.00 pm, the husband of first informant - Avinash was
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Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2023.09.18 14:31:27 +0530
904-ba-932-2022.doc
Shubhada S Kadam
coming to his house after taking cash from his shop viz. Super Grahak Bazar. At that time, five unknown persons robbed him at parking of Ganadhiraj Apartment and assaulted him with deadly weapons. They also took away his bag containing cash of Rs.6,00,000/-, bunch of keys of the shop, ATM card, cheque book etc. After hearing the cries, the informant reached the parking lot and found her husband lying in pool of blood. Thereafter, the victim was admitted in the hospital, where he died while taking treatment. Thereafter, report was lodged by the first informant. During investigation, it was revealed that applicant and co-accused had committed the said crime.
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904-ba-932-2022.doc
Shubhada S Kadam
debit card, cheque book of the deceased are recovered at the instance of applicant. Eye-witness identified the applicant in identification parade, it shows his involvement in the crime. There is confessional statement of co-accused - Chima showing involvement of the applicant in crime. Hence, requested to reject the application.
(SHIVKUMAR DIGE, J.)
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2 issues framed by the court
Whether bail should be granted to the applicant who is accused of robbery, dacoity and related offences punishable under various IPC sections and the MCOCA.
Whether the recovery of offence articles and the applicant's criminal antecedents justify rejection of the bail application.
3 provisions across 3 enactments
Vilas Raju Mirazkar
The State of Maharashtra
Shivkumar Dige
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
