Case Note & Summary
The High Court dismissed a bail application filed by Amol @ Pappu Popat Andhale in connection with FIR No. 392 of 2023 for offences under Sections 302, 307 read with 34 IPC. The prosecution alleged the applicant was part of a group that attacked victims with choppers, resulting in the death of Arun and injuries to others. The applicant argued no specific overt act was attributed to him and sought parity with co-accused who had been granted bail. The prosecution opposed bail, citing the calculated nature of the attack, the applicant's presence and role, and his criminal antecedents. The court applied Supreme Court guidelines on bail in serious offences, examined prima facie evidence, considered the severity of the offence, and found the applicant's involvement established. The court rejected the parity argument, noting different roles among accused persons, and denied bail, emphasizing the need for judicial discretion in heinous crimes.
Headnote
The High Court of Judicature at Bombay Bench at Aurangabad dismissed a bail application in a murder case -- The applicant sought regular bail for offences under Sections 302, 307 read with 34 of the Indian Penal Code (IPC) -- The prosecution alleged the applicant was part of a group that assaulted victims with choppers resulting in one death -- The court considered guidelines from Supreme Court precedents including Kalyan Chandra Sarkar Vs. Rajesh Ranjan (2004)7 SCC 528, Mahipal Vs. Rajesh Kumar (AIR 2020 SC 670), and Neeru Yadav Vs. State of UP (2016)15 SCC 422 -- The court found prima facie evidence linking the applicant to the offence -- The applicant's criminal antecedents were considered -- Parity with co-accused was rejected due to different roles -- Bail was denied
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Issue of Consideration: Whether the applicant deserves regular bail in a murder case under Sections 302, 307 read with 34 of the Indian Penal Code
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Final Decision
The High Court dismissed the bail application, denying regular bail to the applicant
