Disposed

Bhagwan Shetiba Vitkar v. the State of Maharashtra

Bombay HC17 Oct 2005APPLN/6223/2005

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of a criminal appeal against conviction for murder. While the appellant argued for bail citing family circumstances, the Court held that the appellant cannot be released during the pendency of the appeal. The Court allowed an application to renew the bail application after two years if the appeal remains undetermined.

What did the court decide?

Application disposed of; Bail denied at present; Right to renew bail application after two years left open.

	IN THE HIGH COURT	JUDICATURE	AT	BOMBAY
	APPELLATE SIDE	CRIMINAL	JU	RISDICTION
	CRIMINAL APPLICATION IN CRIMINAL APPEAL	NO.6223 NO.877	OF OF	2005 2005
Bhagwan	Shetiba Vitkar	.. Appellant
	v/s.
The State	of Maharashtra	.. Respondent
Through	Sr.P.I.,	Daund		P.Stn.
Taluka	Daund,	Dist.		Pune.

IN
THE
HIGH
COURT

JUDICATURE

BOMBAY

APPELLATE
SIDE

CRIMINAL

RISDICTION

CRIMINAL
APPLICATION
IN
CRIMINAL
APPEAL

NO.6223
NO.877

OF
OF

2005
2005

Bhagwan

Shetiba Vitkar

.. Appellant

v/s.

The State

of Maharashtra

.. Respondent

Through

Sr.P.I.,

Daund

P.Stn.

Taluka

Daund,

Dist.

Pune.

	The	appell	ant w	as	convicted	fo	r the	offence
under	section	302	I.P.C.		and	sentence	d to	suffer
life	impriso	nment	by	the	IInd	Additi	onal	Sessions
Judge,	Baramat	i	in Se	ssions	Case	No.54	of	2003.
The	case	of	the pro	secution	is	that	the	appellant
stabbed	his	wife	to	death	on	2.12.2	002	in the
morning.	P	.W.3,	a	co-worker	is	an	eye	witness.
The	weapon	of	assault	viz.	kn	ife	was	recovered
from	the	house	of the	accus	ed.	Knife	was	found
stained	with	blood,	group	of	which	m	atches	with the
blood	group of	the	deceas	ed.	On	the	clothes	of the
accused,	blood		stains	were	found	and	the	blood
group	of	those	blood	stains	mat	ches	with	the blood

The

appell

ant
w

convicted

r
the

offence

under

section

302

I.P.C.

and

sentence

d
to

suffer

life

impriso

nment

the

IInd

Additi

onal

Sessions

Judge,

Baramat

in
Se

ssions

Case

No.54

2003.

The

case

the
pro

secution

that

the

appellant

stabbed

his

wife

death

2.12.2

002

in
the

morning.

.W.3,

co-worker

eye

witness.

The

weapon

assault

viz.

ife

was

recovered

from

the

house

of
the

accus

ed.

Knife

was

found

stained

with

blood,

group

which

atches

with
the

blood

group
of

the

deceas

ed.

the

clothes

of
the

accused,

blood

stains

were

found

and

the

blood

group

those

blood

stains

mat

ches

with

the
blood

	-2-
group	of the deceased. The appellant	has	inflicted
several	injuries on the deceased, one of	which	is
inflicted	on the chest. The appellant w	as not	on
bail	in the trial court. Therefore, we	are o	f the
opinion	that at this stage, he cannot	be	released
on	bail. However, the learned counsel	for	the
appellant	strenuously contended that	the	appellant
is	in jail for about three years.	The	appellant
has	two children who are presently	being	looked
after	by the grand mother. He submitte	d that	the
appellant	and the deceased were married	for	about
eight	years and there were no complaints	from	the
deceased	wife. He states that the	incident	had
taken	place on the spur of the mom	ent out	of
quarrel	and the case at the most would	fall	under
section	304 Part I or Part II I.P.C.	Though	at
this	stage, we are not inclined to	consider	this
submission,	we make it clear that the	appellant	can
renew	his application for bail after a	period	of
two	years if his appeal is not disposed	of by	then
and	we are sure, the court will	consider	this

-2-

group

of
the
deceased.
The
appellant

has

inflicted

several

injuries
on
the
deceased,
one
of

which

inflicted

on
the
chest.
The
appellant
w

as
not

bail

in
the
trial
court.
Therefore,
we

are
o

f
the

opinion

that
at
this
stage,
he
cannot

released

bail.
However,
the
learned
counsel

for

the

appellant

strenuously
contended
that

the

appellant

in
jail
for
about
three
years.

The

appellant

has

two
children
who
are
presently

being

looked

after

by
the
grand
mother.
He
submitte

d
that

the

appellant

and
the
deceased
were
married

for

about

eight

years
and
there
were
no
complaints

from

the

deceased

wife.
He
states
that
the

incident

had

taken

place
on
the
spur
of
the
mom

ent
out

quarrel

and
the
case
at
the
most
would

fall

under

section

304
Part
I
or
Part
II
I.P.C.

Though

this

stage,
we
are
not
inclined
to

consider

this

submission,

we
make
it
clear
that
the

appellant

can

renew

his
application
for
bail
after
a

period

two

years
if
his
appeal
is
not
disposed

of
by

then

and

we
are
sure,
the
court
will

consider

this

Bhagwan Shetiba Vitkar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Bhagwan Shetiba Vitkar v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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