Kamlakar Devidas Patil v. the State of Maharashtra
Case brief
What is this about?
Application for suspension of sentence and expedition of appeal filed by a convict in a murder case. The High Court rejected the bail application by upholding the trial court's findings and denied the request to expedite the appeal.
What did the court decide?
Application for suspension of sentence rejected; request for expediting appeal rejected.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 345 OF 2009 IN CRIMINAL APPEAL NO. 1227 OF 2005
Kamlakar Devidas Patil. ... Applicant. Versus The State of Maharashtra. ... ... Respondent.
Mr. Rajesh D. Bindra for the Applicant. Dr. F. R. Shaikh, APP for the Respondent.
CORAM : J. N. PATEL and A. A. SAYED, JJ. DATED : 18TH NOVEMBER,2009.
P. C.:
This is an application for suspension of sentence by one of the coaccused / convict Kamlakar Devidas Patil, who along with others have been found guilty by the trial court for having committed offence under Section 302 read with Sections 147, 148 and 149 of the Indian Penal Code.
- According to the prosecution, on 3rd February, 2003 between 9.00 p.m. and 9.30 p.m. the applicant along with Devidas Vasudeo Patil and Tarun Devidas Patil and three others accosted the deceased Suresh Gajanan Patil and assaulted him with chopper and stones resulting in his death. In support of their case, the prosecution has examined eye witnesses Sushila Patil, Sachin Patil, Nilesh Patil
Issues for consideration
2 issues framed by the court
Whether the sentence of an applicant convicted of murder should be suspended to grant bail pending appeal.
Whether the appeal of the applicant should be expedited due to his pending bail application.
Parties & counsel
- applicant
Kamlakar Devidas Patil
- respondent
The State of Maharashtra
Coram
J. N. PATEL
Case details
As recorded by the court registry
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