High Court of Bombay Criminal Application hearing an application by a life convict seeking bail pending criminal appeal. The court found no grounds for bail under Section 389 Cr.P.C. and rejected the application.
Application for bail is rejected.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 488 OF 2009 IN
CRIMINAL APPEAL NO. 1380 OF 2008
Mohammed Mushtaq Mohammed Ashrafali
.. Applicant
Vs.
The State of Maharashtra .. Respondent
Ms. Sartaj Shaikh for applicant. Smt. V.R. Bhosale, APP for State.
CORAM: B.H.MARLAPALLE & SMT. ROSHAN DALVI, JJ.
August 05, 2009.
P.C.
We have heard Ms. Sartaj Shaikh the learned counsel for the applicant who has been convicted and sentenced to suffer life imprisonment for the offence punishable under Section 302 read with Section 34 of IPC and other offences in Sessions Case No. 1117 of 2002. The said order dated 8/10/2008 is under challenge in Criminal Appeal No. 1380 of 2008, which has been admitted on 16/1/2009. The applicant prays for being released on bail in this application.
As per the prosecution, the incident had taken place in Room No. 8 of Gujarat Guest House located at Bhendi Bazar, Mumbai at about 11 a.m. and three persons were
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killed in the assault with weapons. Accused no.1 is the applicant and trial was separated for accused no.2 as he jumped over his bail. Some unknown accused could not be traced.
The prosecution examined in all 16 witnesses and we have considered the depositions of PW 4, PW 5 as well as PW 7, the I.O. The learned counsel for the applicant argued on the point of recovery of weapon and also the applicant’s passport which was recovered from Room No.8. We have also considered the reasoning set out by the trial court in support of the order of conviction. We are satisfied that no case has been made out to release the applicant on bail by suspending the order of sentence under Section 389 of Cr.P.C.
Hence, the application is rejected.
Leave to apply for fixing the early date of hearing as and when the appeal is ready for hearing.
(SMT. ROSHAN DALVI,J.) (B.H.MARLAPALLE,J.)
2 issues framed by the court
Whether the applicant is entitled to bail by suspending the order of sentence pending appeal.
Whether the trial court's order of conviction and sentence requires to be disturbed to grant bail.
1 provisions across 1 enactments
Mohammed Mushtaq Mohammed Ashrafali
The State of Maharashtra
B.H. Marlappalle
Roshan Dalvi
As recorded by the court registry
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