Single judge allowed the bail application of the appellant in a theft and criminal conspiracy case where the stolen property was recovered at his instance. Bail was granted on furnishing a personal bond.
The applicant was released on bail by furnishing a P.R. Bond of Rs. 30,000/ with one or more sureties in the like amount.
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.
7-ba-1708-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1708 OF 2024
VISHAL SUBHASH PAREKAR
Digitally signed by VISHAL SUBHASH PAREKAR Date: 2024.04.23 11:27:42 +0530
Mohammad Taufique Habibullah Khan ...Applicant vs.
The State of Maharashtra and Anr. ...Respondents
Mr. Bablu Shaikh, for the Applicant.
Ms. Ranjana Humane, APP, for the Respondent/State.
CORAM : N. J. JAMADAR, J. DATE : APRIL 22, 2024
P.C.:
for rest of the offences came to be added.
Vishal Parekar
...1
7-ba-1708-2024.doc
Hence, the following order.
ORDER
1] The application stands allowed.
2] The applicant be released on bail in C.R. No. 88 of 2021 registered with Sanpada police station, on furnishing a P.R. Bond of Rs. 30,000/- with one or more sureties in the like amount.
Vishal Parekar
...2
7-ba-1708-2024.doc
station on the first Monday of every month between 11 am to
1 pm for a period of three years or till conclusion of the trial, whichever is earlier.
4] The applicant shall not tamper with the prosecution evidence and give threat or inducement to first informant, any of the prosecution witnesses or any person acquainted with the facts of the case.
5] The applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.
6] The applicant shall regularly attend the proceedings before the jurisdictional Court.
7] 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.
Application disposed.
(N. J. JAMADAR, J.)
Vishal Parekar
...3
2 issues framed by the court
Whether the applicant is entitled to bail pending the trial of the charges under the Indian Penal Code.
Whether the period of incarceration entitles the applicant to bail even if his guilt is not yet decided.
1 provisions across 1 enactments
MOHAMMAD TAUFIQUE HABIBULLAH KHAN
THE STATE OF MAHARASHTRA
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
