Partly allowed

Shivaji Ramchandra Pawar and Ors. v. the State of Maharashtra

Bombay HC8 Apr 2008APPA/37/2008

Case brief

AI extract

What is this about?

High Court Criminal Appellate Side disposed of a bail application arising from convictions under Sections 302, 307, and 34 IPC. The court granted bail specifically to applicant no. 4, Navnath Pawar, while rejecting prayers for others due to lack of evidence implicating them.

What did the court decide?

Applicant no. 4 granted bail on Rs. 20,000; prayers for applicants 1-3 rejected.

Shivaji Ramchandra Pawar and Ors. Vs the State of Maharashtra — Bail and Remand | Bombay HC (2008)

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 [-1-]

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE SIDE JURISDICTION

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 APPLICATION NO.37 OF 2008
 IN
 APPEAL NO. 869 OF 2007

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 1. Shivaji Ramchandra Pawar
 2. Vitthal Shivaji Pawar
 3. Santosh Shivaji Pawar
 4. Navnath Shivaji Pawar
 All residing at Ramnagar
 Tal. and Dist.Satara
 presently in Satara
 District Prison ..Applicants
 [Ori.Accused]
 Vs.

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 The State of Maharashtra ..Respondent

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 ....
 Mr.Rahul S.Kate Advocate for Applicants
 Mr.P.S.Hingorani APP for State

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CORAM: F.I.REBELLO AND
SMT.V.K.TAHILRAMANI,JJ.
 DATE: APRIL 08,2008

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P.C.:

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 1. Heard the learned advocate for the Applicants
 and the learned APP for the State.

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 2. All the applicants have been convicted under
 Section 302, 307 read with Section 34 of IPC for
 causing death of Dileep. It is the prosecution

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 [-2-]

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 case that all the four accused persons gave blows
 to Dileep with axe. The witnesses including the
 complainant have stated that all the four accused
 assaulted Dileep with axe. However, as far as
 applicant no.4 Navnath Shivaji Pawar is concerned,
 we find that he had been implicated by the
 complainant by way of improvement. Navnath’s name
 has not been mentioned in the complaint by the
 complainant who is an eye witness to the incident.
 Though Navnath was known to this witness, this
 witness has not stated about the presence of
 Navnath at the scene of the incident. In this view
 of the matter, we are inclined to grant bail to the
 applicant no.4-Navnath Pawar.

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 3. Prayer for bail made by applicant nos.1 to 3 is
 rejected. The applicant no.4- Navnath Shivaji
 Pawar be released on bail in the sum of Rs.20,000/-
 (Rs.twenty thousand only) with one surety to make
 up the said amount. Applicant no.4 to report to
 Satara Taluka Police Station once in a month till
 the disposal of the appeal.

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 4. Application is disposed of.

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 [-3-]

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[SMT.V.K.TAHILRAMANI,J.] [F.I.REBELLO, J.]

Shivaji Ramchandra Pawar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shivaji Ramchandra Pawar and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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