The Nagpur Bench dismissed an applicant's plea for suspension of sentence and enlargement on bail pending appeal in a case involving sections of the Indian Penal Code, noting strong evidence and prior lack of bail during trial.
Application for suspension of sentence and bail pending appeal dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Application No. 441 of 2012 IN
Criminal Appeal No. 234 of 2012
[Sham Subhashrao Kase Vs. State of Mah.]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. S.D. Shukla, Adv., for the applicant.
Mr. R.S. Nayak, APP for respondent.
CORAM: P.V. HARDAS AND
M.L. TAHALIYANI, JJ.
DATE : 16th August, 2012.
01.By this application, the applicant-
original Accused No.2 seeks suspension of the
substantive sentence of imprisonment and his
enlargement on bail, pending the decision of
the appeal.
02.It appears that the applicant is
convicted for offences punishable under
Sections 302, 376 (g) and 201 of the Indian
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Penal Code by the Additional Sessions Judge,
Nagpur, by Judgment dated 3rd August, 2011 in
Special Case No. 28 of 2008.
03.The applicant and the principal offender
original accused no.1 are alleged to have
committed the aforesaid offences and both the
accused stand convicted.
04.The prosecution had alleged that the
accused committed the said crime on 17th May,
2008, as they murdered Ku. Anchal on the said
date. There is strong evidence in respect of
the involvement of the present applicant, since
he was seen along with accused no.1. In any
event, the Trial Court has accepted the
prosecution evidence, and has convicted and
sentenced the applicant.
05.We have heard learned counsel for the
parties, and according to us, in the light of
existence of such strong material, we are not
inclined to suspend the substantive sentence
and direct the release of the applicant on
bail. Additionally, we find that the applicant
was not on bail during trial.
06. Accordingly, we dismiss the present application.
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07.Learned counsel for the applicant seeks
leave to file a private paper-book, which be
filed within eight weeks from today.
JudgeJudge
|Hedau|
1 issue framed by the court
Whether the application for suspension of sentence and bail pending appeal should be allowed.
Sham Subhashrao Kase
State of Maharashtra
P.V. Hardas
M.L. Tahaliyani
As recorded by the court registry
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