The High Court of Judicature at Bombay, in a criminal application for bail, rejected the plea by applicants who had not sought bail during trial. The court held that considering the conviction for life imprisonment, dying declarations, and evidence on record, bail could not be granted at this stage.
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.
HVN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 143 OF 2008
IN
CRIMINAL APPEAL NO.106 OF 2008
Babasaheb S. Waghmare and anr.... Applicant
Versus
The State of Maharashtra ... Respondent
Mr.Shrikant Yadav for the Applicant.
Mr.H.J.Dedhia, A.P.P. for State.
CORAM: F.I.REBELLO&
SMT.V.K.TAHILRAMANI, JJ.
DATED: APRIL 08, 2008
P.C.
. The applicants were not on bail during the
pendency of the trial. Considering the evidence on
record, the learned Sessions Judge has held the
appellant guilty and convicted them for life
imprisonment. It is submitted on behalf of the
applicants that the applicants did not apply for
bail during the pendency of the trial. Considering
the judgment of the trial court, dying declarations
and evidence on record, it is not possible at this
stage to grant bail. Hence application for bail
rejected.
(V.K. TAHILRAMANI, J.) (F.I.REBELLO, J.)
2 issues framed by the court
Whether bail can be granted to applicants convicted of life imprisonment who did not apply for bail during the trial.
Whether the evidence on record and dying declarations support detention without bail at this stage.
Babasaheb S. Waghmare and anr.
The State of Maharashtra
F.I. Rebello
V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court