Bombay High Court

APPA/1250/2006 of VISHAL MADHUKAR MORE AND ORS. Vs THE STATE OF MAHARASHTRA on 22 December 2006

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THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINALCRIMINALCRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINALCRIMINALCRIMINAL APPLICATION NO.1250 OF 2006. APPLICATION NO.1250 OF 2006.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTIONCRIMINAL APPLICATION NO.1250 OF 2006.INCRIMINAL APPEAL NO. 1181 OF 2006.

Vishal Madhkar More and others.... Applicants.Versus.The State of Maharashtra.... Respondents Shri R.S.Kate for the Applicant.

Shri S.R.Shinde, A.P.P. for the Respondent-State.

CRIMINAL APPLICATION NO. 1318 OF 2006INCRIMINAL APPEAL NO. 1205 OF 2006.

Nagesh Laxman Parade.... Applicant.Versus.The State of Maharashtra.... Respondent.

Shri Arunkumar Patil for the Applicant.Shri S.R.Shinde, A.P.P. for the State.

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1. Criminal Application No.1250 of 2006 is by theaccused Nos.1, 3 and 4 and Criminal Application No.1318of 2006 is by Accused No.2.

2. Applicants have been convicted for an offencepunishable under section 395 of the Indian Panel Codeand substantive sentence is rigorous imprisonment for 7years.

3. It is submitted that the Applicants were on bail throughout the trial and there is no allegation ofbreach or misuse of the liberty granted. It issubmitted that the incident is of July 2001 and noidentification parade was held. It is submitted that itis impossible to believe that P.W.1-complainant couldidentify the Applicants after lapse of about five yearswhen his evidence was recorded in the Court. Thelearned A.P.P. submitted that the identification by theComplainant in Court is more than sufficient.

4. The Applicants were on bail throughout thetrial. There is no allegation of misuse of liberty.Considering the evidence of the prosecution witnessesand peculiar facts of the case, the Applicants deserveto be enlarged on bail on stringent conditions.

i)The Applicants, viz. (i) Vishal Madhukar Moare,(ii) Rajaram Baba Thorbole, (iii) HaridasRavsaheb Kadam (Applicants in CriminalApplication No.1250/2006) and (iv) Nagesh LaxmanParade (Criminal Application No.1318 of 2006)shall be enlarged on bail in the sum ofRs.10,000/- each with one or two local suretiesin the like amount.

ii)The Bail is granted subject to condition thatthe Applicants will report to the Walchand NagarPolice Station on every first Saturday of everymonth at 11.00 a.m. till the disposal of theAppeal.the Applicants will report to the Walchand NagarPolice Station on every first Saturday of everymonth at 11.00 a.m. till the disposal of theAppeal.

Judge.

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