Criminal Application for suspension of sentence and bail. The High Court observed no evidence that the victim was the aggressor. Applied the principle of equal relief to co-accused. Application rejected; main appeal listed for hearing.
Application for suspension of sentence and bail rejected. Appeal listed for hearing.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1104 OF 2009
IN
CRIMINAL APPEAL NO. 842 OF 2005
Shashikant Ankush Salgar .. Applicant.
vs.
State of Maharashtra
.. Respondent.
Mr. Vishwanath Talute for the applicant..
Mr. Rajesh More, APP., for the Respondent/State.
CORAM : J. N. PATEL &
A. A. SAYED, JJ.
DATE : 9TH DECEMBER, 2009
P.C. :
This is an application for suspension of sentence and bail.
It is contended by the learned counsel appearing for the applicant that
co-accused in the case who is also convicted has been released on bail.
2
The case of the applicant can be distinguished on the ground that the applicant is the accused who has given the fatal blow with a knife.
victim and his associate actually trespassed and at the most his case will fall under section 304 Part II. Prima facie we find that there is no evidence on record to show that the victim and his associates were the aggressors or the assaillants. Therefore, we do not find any reason to consider the case of the applicant for suspension of sentence. Therefore, we are not inclined to entertain this application. The same is rejected. Appeal to be heard in due course.
( J. N. PATEL, J.)
( A. A. SAYED, J.)
2 issues framed by the court
Whether the applicant is entitled to a suspension of sentence.
Whether co-accused released on bail entitles the applicant to similar relief.
1 provisions across 1 enactments
Shashikant Ankush Salgar
State of Maharashtra
J. N. PATEL
A. A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
