Single Judge allowed bail to the applicant in a robbery case, equating his situation with co-accused already released, noting lack of recovery on his part and limited incriminating evidence.
Application allowed; Applicant released on bail with PR bond of Rs. 30,000/- and sureties, subject to conditions of appearance and non-tampering.
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.
930-BA1685-2024.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 1685 OF 2024
SANTOSH SUBHASH KULKARNI
Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2024.04.24 10:38:51 +0530
Abhay Liladhar Gautam ...Applicant Versus The State of Maharashtra …Respondent
Mr. Vaibhav Kadam, a/w Shrinath Badale, for the Applicant. Ms. Supriya Kak, APP for the State/Respondent.
CORAM: N. J. JAMADAR, J. DATED: 19th APRIL, 2024
ORDER:-
Ansari. The role attributed to the applicant is relatively minor.
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930-BA1685-2024.DOC
Nothing has been recovered at the instance of the applicant. The only material against the applicant is the identification of the applicant in the Test Identification Parade, which was conducted after two months of the alleged occurrence.
“7. I have perused the report under Section 173 of the Code of Criminal Procedure, 1973 and the documents annexed with it. Evidently, the victim was abducted by unknown persons. The victim states that few of the persons, who had abducted him were wearing face masks. The incident does not seem to have lasted for a long time. Though in the FIR, the victim has described the features of the persons, who had allegedly abducted him, yet the memorandum of test identification parade does not indicate that the applicant was identified with reference to those features, nor does the supplementary statement of the victim after the test identification parade seem to have been recorded.
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circumstance is pressed into service against the applicant. In this view of the matter, the applicant is entitled to the same dispensation as is extended to the co-accused, who have been released on bail. I am, therefore, inclined to allow the application.
ORDER
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officer.
Application disposed.
[N. J. JAMADAR, J.]
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2 issues framed by the court
Whether the applicant is entitled to bail considering the recovery of evidence and identity of witnesses.
Whether the applicant's role is minor and warrants release on bail similar to co-accused.
2 provisions across 2 enactments
Abhay Liladhar Gautam
The State of Maharashtra
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
