The High Court of Bombay considered an application for bail by an applicant convicted under Section 326 IPC and a pending State appeal against the sentence. The judge rejected the bail application and ordered expedited hearing.
Bail application rejected; hearing of the appeal is expedited.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 922 OF 2007
IN
CRIMINAL APPEAL NO. 1288 OF 2006
Pandit Nav Mhatre ...Applicant
vs.
State of Maharashtra ...Respondent
Shri A.P. Mundergi, Sr.Counsel i/b. Mr.S.R. Mithare for
the Applicant.
Mr.Rajesh More, APP for the State.
CORAM : V.M. KANADE, J.
DATED : OCTOBER 7, 2008
P.C. :-
1. Heard Counsel for the applicant and APP for the
State.
2. The applicant has been convicted by the trial
Court for the offence punishable under Section 326 of
the IPC and sentenced to suffer RI for 10 years.
3. Prosecution case is that the applicant gave a
blow on the chest of the deceased with a sickle as a
result of which the deceased died. The State has
preferred an appeal against the sentence imposed by the
trial court and the appeal also filed by the State is
- 2 -
pending. The prosecution has examined three eye
witnesses who have corroborated the testimony of the
complainant.
4. Taking into consideration the fact that the
applicant gave a blow with a sickle on the chest of the
deceased which fact has been corroborated by other
witnesses, no case is made out for grant of bail.
5. Application for bail is rejected. Hearing of
the appeal is expedited.
(V.M. KANADE, J.)
2 issues framed by the court
Whether bail should be granted to the applicant convicted of causing grievous hurt.
Whether the State of Maharashtra's appeal against the sentence can be expedited.
1 provisions across 1 enactments
Pandit Nav Mhatre
State of Maharashtra
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court