Second bail application by a murder accused facing charges under Sections 120B/34 and 143, 147, 148, 149 IPC. The court reaffirmed its earlier refusal, holding that long incarceration and young age do not outweigh the prima facie role shown in the charge-sheet. Application rejected.
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.
1/1 3 BA 2719-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2719 OF 2023
Nishant Ashok Gunjal @ Gotya .. Applicant Versus State of Maharashtra .. Respondent
.. Respondent
Mr.Keshav Chavan for the applicant. Ms.Mahalaxmi Ganapathy, APP for the State.
CORAM: BHARATI DANGRE, J. DATED : 3rd APRIL, 2024
P.C:-
1 On 13/10/2022, the application was withdrawn, when I expressed my disinclination to entertain the same and specifically in the wake of the observations made by me in case of co-accused Sunny Suresh Jagtap.
For the second time once again, I have perused the charge-sheet with the able assistance of the counsel for the applicant and the learned APP, but I cannot arrive at a conclusion different than one which was formed by me on 13/10/2022.
The applicant faces accusations with the aid of Section 120 B r/w 34 of IPC and coupled with Sections 143, 147, 148, 149 and is accused of committing murder. His role has clearly surfaced in the charge-sheet and merely he has been incarcerated for last four years and that he is of young age, in my considered opinion is not a ground to set him at liberty, when prima facie case is made out against him in the charge-sheet.
For the aforesaid, the application is rejected.
(SMT. BHARATI DANGRE, J.)
Ashish
1 issue framed by the court
Whether a murder accused with an alleged conspiratorial role in the charge-sheet should be released on bail after four years of incarceration.
2 provisions across 2 enactments
Nishant Ashok Gunjal @ Gotya
State of Maharashtra
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
