Suresh Jayram Pagare v. the State of Mah
Case brief
What is this about?
In a bail application under Sections 302, 498A IPC, the court rejected bail. It held that the family tragedy of orphaned children is not a ground for bail given the premeditated nature of the crime (dousing kerosene). Allegations of belated FIR and missing Panchanama were found insufficient to grant release.
What did the court decide?
Bail application dismissed; accused remains in custody.
What the court decided
1
FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD.
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders.
Court’s or Judge’s orders.
CRIMINAL APPLICATION NO.: 2162 OF 2009
Suresh S/o Jayram Pagare Versus The State of Maharashtra. ***
Mr. P. B. Waghmare, Advocate for the Applicant. Mr. P. M. Suryawanshi, A.P.P. for the Respondent/ State.
- Heard learned counsel for the Applicant extensively. The accused in custody, in Crime No.I-199 of 2008 registered with City Chowk Police Station, Aurangabad, for an offence under section 302, 498-A, 323, 504 of Indian Penal Code, seeks to enlarge him on bail. The counsel contends there is belated lodging of the report, the spot Panchanama was not drawn in the presence of the accused, the accused was under intoxication, there should have been a reflection of intention in fixing the liability for homicidal death, certification on the dying declaration is not annexed with the charge sheet. The accused/ applicant has three orphans and the youngest (chhoti) is in a most miserable condition for want of company.
Issues for consideration
3 issues framed by the court
Whether the accused deserves bail in a case involving murder and wife beating where the court finds the crime was premeditated.
Whether the miserable condition of the accused's orphan children constitutes a valid ground for granting bail.
Whether the belated lodging of the police report and the absence of Panchanama in presence of the accused justify bail.
Parties & counsel
- applicant
Suresh S/o Jayram Pagare
- respondent
The State of Maharashtra
Coram
K. U. Chandiwala
Case details
As recorded by the court registry
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