Allowed

Balu Sukhdeo Kamble and Anr. v. State of Maharashtra

Bombay HC28 Mar 2011APPLN/948/2011

Case brief

AI extract

What is this about?

This judgment grants bail to two accused applicants accused of instigating murder under Sections 302 and 34 of the IPC. The Court held that barring instigation, the applicants do not have a primary role implicating them.

What did the court decide?

Release of the accused/applicants on furnishing P.R. bond and surety in the sum of Rs.15,000/- each with conditions to attend trial and not influence witnesses.

Balu Sukhdeo Kamble and Anr. Vs State of… — Murder and Culpable Homicide | Bombay HC (2011)

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CR.APL NO.948-11crapl

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FARAD CONTINUATION SHEET NO.

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE, BENCH AT AURANGABAD

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APPLN/948/2011 BALU SUKHDEO KAMBLE AND ANR [Criminal]

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V/S

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STATE OF MAHARASHTRA

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--------------------------------------------------
Office notes, office Memoranda of Court’s or
Coram,appearances, Court’s orders Judge’s
or directions and Registrar’s orders Orders

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Mr. Joydeep Chatterji, Adv.,
for the applicant.
Mr.K.S.Patil, APP for State.

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...

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CORAM: K.U.CHANDIWAL, J. DATE:28/3/2011

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...

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1.Heardfinally.The

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accused/applicants, in custody from
23.11.2010 and 24.11.2010, in Crime
No.I-181/2010, registered at Nagar
Taluka Police Station, for an offense
under Section 302 read with Section
34 of IPC, seek bail.

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2.Manisha married to Dnyandeo.
Dnyandeo, due to poor eye sight,
couldnotengagehimselfin
employment. Mother-in-law of
Manisha, Smt.Bhimabai, says Manisha
was credulous. However, at the same
time, Manisha was in the habit of

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picking quarrels with neighbours and
on earlier 5/6 occasions, she

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CR.APL NO.948-11crapl

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doused kerosene on herself but did
not immolate.

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3.The roles attributed to the
accused/applicantsare,being
dissatisfied with the conduct of
Manisha, they exhorted Dnyandeo to
eliminate Manisha by dousing kerosene
to avoid regular brawl and, in the
fit of anger, Dnyandeo complied.

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4. In the second statement, dt.
23.3.2010, at 11.50 a.m., recorded in
presence of Medical Officer by
RevenueAuthorities(Naib

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Tehsildar), she does not implicate
the accused/applicants. Though in
answer to question No.4, she
disclosed few earlier events of
assault or sprinkling kerosene to
Manisha. Independent witness Reubai
says when Manisha immolated, both
the applicants were not present nor
she saw them. The neighbouring
ladies took Manisha to nearby road
and, thereafter, she was removed in a
hospital at Nagar, where she
succumbed on 27/11/2010.

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CR.APL NO.948-11crapl

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5.Consideringtheabove
aspects of the matter, since
chargesheetisalreadyfiled,
investigation is completed, no
criminalrecordagainstthe
accused/applicants and the state of
affairs of the dying declaration
illustrate,noprimaryrole
implicating the accused/applicants,
barringinstigation,the
applicants/accused deserve bail.

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ORDER

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(a)The accused/applicants (No.1 Balu
Sukhdeo Kamble and No.2 Gorakh
Sukhdeo Kamble) be released on their
furnishing P.R. bond and surety in
the sum of Rs.15,000/- ( Rs. Fifteen
thousand) each.

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(b)The accused applicants shall not
influence the witnesses, shall attend
the trial scrupulously.

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(K.U.CHANDIWAL) JUDGE

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...

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AGP/948-11crapl

Balu Sukhdeo Kamble and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Balu Sukhdeo Kamble and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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