Criminal court rejected anticipatory bail application in a murder case where strong prima facie case existed and custodial interrogation was deemed indispensable for the investigation. Also observed that observations were not an expression of guilt. Dissenting view noted that observations on guilt should not prejudice trial court.
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7-aba-42-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.42 OF 2024
VISHAL SUBHASH PAREKAR
Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.02.03 11:48:21 +0530
Pallavi Nilesh Dhoke ...Applicant vs. The State of Maharashtra ...Respondent
Mr. Aniket Vagal a/w. Mr. Kunal Pednekar, Mr. Divesh Mehani and Savry Kolhekar, for the Applicant
Mr. Y.M. Nakhwa, APP, for the Respondent/State.
Mr. Sunil Bidkar, PSI, Ambad police station.
CORAM : N. J. JAMADAR, J. DATE : FEBRUARY 01, 2024
P.C.:
Vishal Parekar
...1
7-aba-42-2024.doc
moved the Court of Session for pre-arrest bail as, in the intervening period, charge sheet had been lodged.
Vishal Parekar
...2
7-aba-42-2024.doc
stated that the applicant and the co-accused had assaulted the deceased by means of iron rods and fist and kick blows. The reason for which the assault was allegedly perpetrated by the applicant and co-accused, had also been adverted to by each of the witnesses.
Hence, the following order.
ORDER
1] The application stands rejected.
2] By way of abundant caution, it is clarified that the observations made hereinabove are confined for the purpose of determination of the entitlement for bail and they may not be construed as an expression of opinion on the guilt or otherwise of the applicant and the trial Court shall not be influenced by any of the observations made hereinabove.
(N. J. JAMADAR, J.)
Vishal Parekar
...3
2 issues framed by the court
Whether pre-arrest bail should be granted in a case involving murder and culpable homicide not amounting to murder.
Whether the strong prima facie case and need for custodial interrogation justify rejecting the bail application.
Vishal Subhash Parekar
The State of Maharashtra
N.J.JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
