The High Court rejected the bail application filed by Kamal Dukhiram Jana, an accused convicted of murder, robbery, and theft. The court held that given the查获ed facts, including the nature of the offences and implications in dying declarations, it was not a fit case to grant bail.
Application for bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-(1)-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.171 OF 2007
IN
CRIMINAL APPEAL NO.844 OF 2005
Kamal Dukhiram Jana. ..Applicant.
Versus
The State of Maharashtra. ..Respondent.
..
Ms.Rebecca Gonsalves, Adv. appointed for the
petitioner.
Mrs.A.S.Pai, APP, for the State.
..
CORAM : R.M.S.KHANDEPARKAR AND
SMT.V.K.TAHILRAMANI,JJ.
DATED : SEPTEMBER 07, 2007.
P.C.:-
1. Heard both sides.
2. The applicant-orig.accused No.2 has been
convicted under Sections 302, 364, 342 of IPC.
The applicant is now seeking bail.
3. The case against the applicant is that he
along with others took away deceased Jayprakash
-(2)-
stating that they would pay his balance salary
and thereaafter instead of paying the salary
they made allegation that the deceased stole
their cash. Thereafter they poured kerosene on
his person and set him on fire. There are two
dying declarations on record. In both the dying
declarations the applicant has been implicated
as one of the persons who had taken away the
deceased and poured kerosene and set him on
fire.
4. Looking to all these facts, we do not
think that this is a fit case to grant bail.
Application is rejected.
[R.M.S.KHANDEPARKAR,J.]
[SMT.V.K.TAHILRAMANI,J.]
1 issue framed by the court
Whether bail should be granted to the applicant convicted under Sections 302, 364, 342 of IPC.
Kamal Dukhiram Jana
The State of Maharashtra
R.M.S.KHANDEPARKAR
V.K.TAHILRAMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court