In a bail application pending appeal for murder where life imprisonment was awarded, the High Court of Judicature at Bombay rejected the application, finding no basis to release the appellants by suspending the sentence order.
Application for bail by suspending the order of sentence rejected.
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.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
CRIMINAL APPLICATION NO. 298 OF 2009 IN
CRIMINAL APPEAL NO. 1333 OF 2008
Mangesh Sambhaji Pawar and ors.
.. Applicants
Vs.
The State of Maharashtra
.. Respondent
Mr. Shirish Gupte, Senior Advocate with Ms. Sharmila Kaushik for applicants. Mrs. M.M. Deshmukh, APP for State.
CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ.
July 30, 2009.
P.C.
for the applicants, who were accused nos.1 to 3 in Sessions Case No. 355 of 2006 and it resulted in conviction and sentence of life imprisonment against accused nos.1 to 3. The accused have filed Criminal Appeal No. 1333 of 2008, which has been admitted on 12/1/2009. Pending the said appeal, this application for being released on bail by suspending the order of sentence has been filed by the applicants.
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accused nos.1 to 3 in furtherance of common intention. As per the prosecution all the three accused had been to the spot on their motorbikes and at least two of them were armed with pistole. After committing the crime, the accused had fled and on the way they robbed the Alto Car from the possession of its owner PW 16 – Pandurang Yadav and abandoned the motorbikes. They were nabbed by Mahesh Sawant – PW 13 at Lonawala, as per the prosecution case. Fingerprint expert PW 11 – Vivek Urade was also examined and so also the ballistic expert i.e. PW 19 – Nandkumar Rokade. PW 2 Avinash Bhagwat, the Head Constable at Paud Police Station had received the report and he recorded it about the car of PW 16 having been snatched away. In the said car when the accused were nabbed, one pistol from accused no.1 was recovered. We have perused the oral depositions of PW 2- Avinash Bhagwat, PW 11 – Vivek Urade, PW 13 – Mahesh Sawant, PW 16 – Pandurang Yadav, PW 17 – Ashok Sawant as well as ballistic expert.
(SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)
1 issue framed by the court
Whether the applicants are entitled to bail by suspending the order of sentence pending appeal.
The State of Maharashtra
B.H. Marlapalle
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
