Allowed

Khanderao Dnyanu Sawant v. the State of Maharashtra and Anr.

Bombay HC5 Jun 2007APPA/557/2007

Case brief

AI extract

What is this about?

This judgment allowed the criminal application to release the appellant, convicted under Section 302 IPC, on a Police Residence bond. The court observed that the conviction was based on surmises rather than facts, allowing bail for the mid-trial stage pending appeal.

What did the court decide?

Accused released on a Police Residence bond of Rs. 7,500 with one solvent surety in the like amount.

Khanderao Dnyanu Sawant Vs the State of Maharashtra and Anr. — Bail and Remand | Bombay HC (2007)

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vss

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.557 OF 2007
 IN
 CRIMINAL APPEAL NO.457 OF 2007

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 Khanderao Dnyanu Sawant ... Appellant

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 V/s.

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 The State of Maharashtra & Anr. ... Respondents

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 Mr.B.A. Walimbe for Appellant
 Mr.P.A. Pol, APP, for Respondent

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 CORAM: D.G. DESHPANDE &
SMT.NISHITA MHATRE,JJ.

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 DATED: JUNE 5, 2007

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P.C.:

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 . Learned Advocate for the accused seeks
 permission to amend his bail application for deleting
 respondent No.2. Permission granted. Respondent No.2
 deleted from the application.

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 2. Heard learned Advocate for the accused, who has

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 been convicted under section 302 of the Indian Penal
 Code on a private complaint. Earlier, it was a case of
 an accident. The complainant filed proceedings for
 compensation before the Motor Accidents Claims Tribunal.
 He could not prove the accident because he did not have
 the particulars of the motor cycle. His claim was
 dismissed. He then filed the present case.

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 3. The accused was on bail throughout the trial.

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 : 2 :

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 There were two eye witnesses but none of them were
 examined, according to the advocate for the accused.
 The enmity alleged was about 10 years before the
 incident.

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 4. A perusal of para 11 of the judgment clearly
 shows that the conviction is based not on the facts but
 on surmises. These observations of ours are only for
 the purpose of bail. They may not be taken into
 consideration when the appeal is heard on merits.
 Therefore, the Criminal application is allowed. The
 accused be released on a P.R. bond of Rs.7,500/-
 (Rupees Seven thousand and five hundred only) with one
 solvent surety in the like amount.

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 5. Application is disposed off accordingly.

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 (D.G. DESHPANDE, J.)

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 (SMT.NISHITA MHATRE, J.)

Khanderao Dnyanu Sawant v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Khanderao Dnyanu Sawant v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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