Bombay High Court grants bail to an accused in a murder case due to lack of antecedents
Title: Ankush Rajendra Magar v. State of Maharashtra
Decided on: August 28, 2023
Citation: 2023 SCC OnLine Bom 1847
CORAM: HON’BLE JUSTICE REVATI MOHITE DERE AND JUSTICE GAURI GODSE
Facts of the Case
The applicant has filed a petition for bail. The incident in question took place in the intervening night of 15 and 16 September 2015. In the said incident, one Mr. Rahul Gunaji Jadhav was murdered and Kishore Nagare was seriously injured. The FIR was lodged by Hiralal Thombare. However, in the FIR the applicant has not been named as an accused. It is only in the supplementary statement, which was recorded after four days of the incident, that the applicant was named as an accused. The role assigned to the applicant is that of assault with a chopper. He was booked for offences punishable under Sections 148, 302, 307 and 120B in the IPC.
Court Analysis and Judgement:
The Court looks into the contention of the applicant and found that one of the four witnesses, the first informant – Hiralal has not named the applicant, whereas the other witnesses accused the applicant of having a sword. Admittedly, there is no recovery of sword at the instance of the applicant. The sword was recovered from another co-accused whose sentence has been suspended and he has been enlarged on bail. The applicant informs that the applicant has no antecedents and that the applicant has been in custody for about eight years. All the other accused in the said case have been enlarged on bail. Therefore bail was granted to the applicant.
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Written by- Reema Nayak
