Regular bail application in a murder and SC/ST Atrocities Act case. The court found a prima facie case against the applicant based on eyewitness statements placing him at the deceased's house on the night of the incident, and rejected bail but directed expedited trial.
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-NAG:8022
(1) 32.ba.431.2024
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO.431 OF 2024
Roshan s/o Sunil Shende
Vs.
State of Maharashtra, Through Police Inspector, Police Station, Sewagram, District Wardha and another
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders
Mr. S. W. Sambre, Advocate for the applicant. Mr. N. B. Jawade, APP for respondent No.1/State. Ms. S. K. Phaltankar, appointed Advocate for the respondent No.2.
CORAM : URMILA JOSHI-PHALKE, J. DATED : 23/07/2024
(2) 32.ba.431.2024
information from the Police Patil that some unknown person had assaulted his brother and he succumbed to the death. After receipt of the said information, he immediately went to the spot of the incident and saw that his brother has sustained head injury and one liquor bottle and the wooden log were lying there. On the basis of the said report, police have registered the crime against the unknown person.
(3) 32.ba.431.2024
that the other statements are concerned, which only referring the co-accused Ajay Shende and accused No.3 Gaurav Kapate. There is no reference regarding the present applicant and also none has seen the present applicant and other co-accused together. Merely because, he is the brother of the co-accused, he is implicated in the alleged offence. Now, the investigation is already completed, charge-sheet is filed, further incarceration of the present applicant is not required.
(4) 32.ba.431.2024
the said statements that at the relevant time, he has seen co-accused Ajay Shende and accused No.3 Gaurav Kapate come on the two-wheeler and they slipped in front of them, though they went to assist them but they ran away from the spot. Thereafter, said Sonu Mokhale came in a scared condition approached him and disclosed that present applicant, his brother Ajay Shende and their friend Gaurav came at the house of the deceased and assaulted him. Thus, on the basis of the said statement, the involvement of the present applicant revealed. Thus, there is a prima facie case and therefore, the application deserves to be rejected.
(5) 32.ba.431.2024
(URMILA JOSHI-PHALKE, J.)
Sarkate
1 issue framed by the court
Whether the applicant should be released on bail in a murder case where a prima facie case is made out against him on witness statements.
4 provisions across 2 enactments
Roshan s/o Sunil Shende
State of Maharashtra, Through Police Inspector, Police Station, Sewagram, District Wardha
Respondent No.2
Urmila Joshi-Phalke
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
