Appeal challenging grant of bail to two accused in a murder and SC/ST atrocities FIR. With the trial progressing and no evidence of threats since release after four and a half years' custody, the High Court declined interference on merits and left witness protection open.
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.
2024:BHC-AS:1673
PMB 7.apeal.1248-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1248 OF 2022
RAJESH BHAGWAN BOBADE ..APPELLANT VS.
THE STATE OF MAHARASHTRA AND ORS. ..RESPONDENTS
Adv. Vikrrant Shinde for the appellant. Ms. S. D. Shinde, APP for the State.
CORAM : M. S. KARNIK, J.
DATE : JANUARY 15, 2024
P.C. :
five other accused with Wai Police Station as FIR bearing C.R. No.153 of 2018 on 02.06.2018 for the offence punishable under Sections 120B, 302, 427 read with 34 of the Indian Penal Code, 1860 and under Sections 3(2)(5), 3(2)(va)(6) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (“Atrocities Act” for short). The application for bail was filed by all the seven
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PMB 7.apeal.1248-22.doc
accused before the trial Court. Respondent Nos.2 and 3 were arrested in the month of June 2018. By the impugned order dated 21.10.2022 the applications of the present respondent Nos.2 and 3 i.e. the original accused Nos.1 and 2 came to be allowed.
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PMB 7.apeal.1248-22.doc
circumstances I have refrained from considering the submissions of learned counsel for the appellant on merits.
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1 issue framed by the court
Whether the trial court's order granting bail to respondent Nos. 2 and 3 in a murder and atrocities case should be interfered with.
2 provisions across 2 enactments
Rajesh Bhagwan Bobade
The State of Maharashtra
Respondent Nos. 2 and 3 (original accused Nos. 1 and 2)
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
