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M. S. KARNIK
Shahnawaz Shaikh – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. Heard learned counsel for the applicant and learned APP for the State.
2. This is an application for bail. For convenience, the order dated April 21, 2021 passed by this Court in Bail Application No.762/2021 in respect of the co-accused no.2- Vinod Kanhaiya More is reproduced. The same reads thus:-
"The applicant was arrested on 12/10/2020, in connection with C.R.No.645 of 2020, registered with Mulund Police Station, Mumbai, for the offences punishable under Ss. 302 and 120-B of Indian Penal Code. First Information Report was lodged on 2/10/2020.
2 The case of the prosecution is that on 2 nd October, 2020, complainant visited police station and informed that his father Maruti Gavli did not return home. Subsequently, the complainant's father was found lying in pool of blood. He was dead. First Information Report was registered and investigation was proceeded. It is alleged that, the accused had hatched conspiracy to kill deceased. Accused Mohammed @ Arif Khan had accepted contract to kill deceased on payment of Rs.70, 000.00. The amount was accepted from accused nos.1 and 2.
3 The case is based on circumstantial evidence. There is no recovery of any weapons from the applic
The grant or refusal to grant bail lies within the discretion of the Court and is regulated by the facts and circumstances of each particular case.
The legal principle established is that a prolonged period of custody without trial, combined with insufficient evidence of direct involvement in the crime, can justify the granting of bail.
Service Matter - Minor Punishment - Appeal - As per Rules of 1991 a delinquent employee who is awarded minor punishments of censure entries under Rule 4 (b) can file an appeal under Rule 20 of Rules ....
The decision emphasizes the importance of direct evidence and the nature of involvement in determining bail in criminal conspiracy cases.
The court established that in cases involving serious charges such as murder and conspiracy, the burden is on the applicant to demonstrate why bail should be granted, especially in light of substanti....
The main legal point established in the judgment is the importance of evidence, the nature of the accusations, and the severity of the punishment in considering the grant of bail, as well as the prin....
The grant of bail is based on the lack of evidence linking the applicant to the crime and the pendency of the trial, while imposing stringent conditions to address the prosecution's apprehension.
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