Criminal Application No. 859 of 2012 · Bombay High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 307
- Code of Criminal Procedure, 1973 s. 156(3)
Key paragraphs
- Para 88. This application is allowed in terms of prayer clause ‘B’. The applicants shall furnish personal bond and surety bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each. ( A. H. JOSHI, J. ) SRM/6/3/12
Judgment
Shri Joydeep Chatterji, Advocate for the applicants Shri R.P. Phatke, A.P.P. for the respondent/State CORAM : A. H. JOSHI, J. DATE : 6TH MARCH, 2012 PER COURT :
This is an application for anticipatory bail. Applicants are apprehending arrest in Crime No.M-21 2011 of Rahuri Police Station, under Sections 307, 379, 498-A, 323, 504, 506 r/w Sec. 34 of I.P.C.
The crime is registered on the basis of order passed by the learned Magistrate under Section 156 (3) of Cr.P.C. 2 CriApln859.12
Perused the case diary. Heard both sides. The statements of witnesses recorded by the police are all related to the complainant from maternal side. No independent witnesses are explored.
The offence though styled as ‘under Sec. 307 of I.P.C.’, lack of version of independent witnesses prima facie renders the attribute unworthy of value, at this stage.
In this background, applicants have made out a case for the relief sought.
This application is allowed in terms of prayer clause ‘B’. The applicants shall furnish personal bond and surety bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each. ( A. H. JOSHI, J. ) SRM/6/3/12
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.