In an application for bail filed by an appellant who was already on trial and not on bail when her relative died due to burn injuries, the High Court of Bombay held that the case was the stage for reconsideration of evidence, and no case was made out for bail.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION
APPLICATION NO.1289 OF 2007
IN
APPEAL NO. 975 OF 2007
Smt.Perika Mani Devendra ..Applicant
Vs.
The State (at the instance
of Antop Hill Police St.) ..Respondents
Mr.Milind Desai with Mr.Deepak S.Paikrao
Advocate for Applicant
Ms.S.D.Shinde APP for State
CORAM:F.I.REBELLO AND
SMT.V.K.TAHILRAMANI,JJ.
DATE :APRIL 1, 2008
P.C.
1. Heard. The applicant-appellant is mother in
law of the deceased. The deceased died due to 100%
burn injuries. The applicant was not on bail
during the trial. The learned Judge after
considering the material on record, has arrived at
the conclusion that the applicant was guilty of the
offence charged and has subsequently imposed the
punishment.
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2. The learned counsel on behalf of the applicant
has tried to point out that the conviction is based
solely on the evidence of child witness whose
evidence, cannot be considered.
3. These are contentions which can be considered
while hearing the appeal. At this stage, in our
opinion, no case is made out for grant of bail.
Hence, application for bail is rejected.
[SMT.V.K.TAHILRAMANI,J.] [ F.I.REBELLO, J.]
1 issue framed by the court
Whether bail can be granted under the circumstances at this stage during an appeal against conviction and sentencing.
Smt.Perika Mani Devendra
The State (at the instance of Antop Hill Police St.)
F.I.Rebello
Smt.V.K.Tahilramani
As recorded by the court registry
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