Bail sought by an applicant accused of dissuading bystanders while others fatally assaulted victims. Court found his presence and involvement prima facie established via informant statement, witness statement and test identification parade; offences serious; bail refused despite young age.
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911_BA_872_24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 872 OF 2024
| Jabbir Jamil Ahmed Siddiqui | … | Applicant |
|---|---|---|
| vs. | ||
| The State of Maharashtra | … | Respondent |
Ms. Swapna Pramod Kode for applicant.
Mr. Sagar R. Agarkar, APP for respondent-State.
Ms. Asha Kadam, API, Police Station Trombay, Brihanmumbai City.
CORAM : MANISH PITALE, J. DATE : 26th JUNE, 2024
P.C. :
. Heard learned counsel for the applicant and the learned APP for the respondent-State.
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911_BA_872_24.doc
cannot be a ground to keep the applicant behind bars. It is further submitted that the applicant is a 19 year old boy, who intends to take admission in college and that the last date for filling of admission form is 15.07.2024. It is submitted that therefore, this Court may consider allowing the present application. In that context, reference is also made to closed circuit television (CCTV) footage which, according to the learned counsel for the applicant, would demonstrate that the applicant was not actively involved in the incident in question.
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911_BA_872_24.doc
were present and dissuaded the people present at the spot of the incident from helping the victim. The narration of the incident as given by the informant, matches with the statement of the aforesaid witness recorded on 04.08.2023 and therefore, non-mentioning of the name of the applicant in the array of the accused persons in the FIR cannot inure to the benefit of the applicant. Apart from this, the applicant was identified in Test Identification Parade.
8. In view of the above, the application is dismissed.
10. The trial is expedited.
(MANISH PITALE, J)
PRIYAKAMBLI Digitallysigned byPRIYAKAMBLIDate:2024.06.2714:29:09+0530
Priya Kambli
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1 issue framed by the court
Whether a 19-year-old applicant, not named in the FIR but identified in TIP as dissuading bystanders from helping the victim during a fatal assault, deserves bail.
2 provisions across 2 enactments
Jabbir Jamil Ahmed Siddiqui
The State of Maharashtra
Manish Pitale
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
