In a second bail application, the Single Judge rejected the plea fresh, noting the high probability of the applicant's responsibility for the death of Sarubai Phartade based on dying declarations. The trial is expedited.
Application rejected. Trial expedited. Trial Court not to be influenced by observations.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 4610 OF 2009
Chandrakant Tukaram Phartade
...Applicant
vs.
The State of Maharashtra
...Respondent
Mr.V.V. Purwant for the Applicant.
Mr.Y.M. Nakhwa, APP for the State.
CORAM : V.M. KANADE, J.
DATED : DECEMBER 7, 2009
P.C. :-
1Heard Counsel for the applicant and APP for
the State.
2This is a second application for bail. The
first application was rejected by this Court on 6th
March, 2009. There is sufficient material on record
to indicate that the applicant was responsible for
the death of Sarubai Phartade. The two dying
declarations have been recorded by the police in
which Sarubai has stated that the applicant poured
kerosene on her and set her on fire on account of
previous dispute and also on account of the dispute
between them which had taken place on the said day
of the incident in the afternoon.
3Application, therefore, is rejected. The
trial is expedited. The trial Court shall not be
influenced by the observations made by this Court.
1 issue framed by the court
Whether the second application for bail in a case where the applicant is accused of burning a widow to dead should be allowed.
Chandrakant Tukaram Phartade
The State of Maharashtra
V.M. KANADE
As recorded by the court registry
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