Disposed

Vijay Kisan Nachan v. State of Maharashtra through Pso Jalgaon Jamod Distt Buldhana

Bombay HC24 Aug 2012APPA/480/2012

Case brief

AI extract

What is this about?

In a bail application under a murder appeal, the High Court at Nagpur refused to suspend the substantive sentence or grant bail, citing sufficient evidence of last sighting and medical reports. The appeal was listed for an expedited final hearing.

What did the court decide?

Application refused; appeal listed for final hearing expeditiously.

Vijay Kisan Nachan Vs State of Maharashtra… — Murder and Culpable Homicide | Bombay HC (2012)

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1 appa480.12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR

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CRIMINAL APPLICATION (APPA) NO.480 OF 2012 IN

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CRIMINAL APPEAL NO.251 OF 2012

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(Vijay Kisan Nachan ..vs.. State of Maharashtra, through PSO, Jalgaon Jamod, District Buldhana)

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Office Notes, Office Memoranda of Coram, ________________________________________________________________________________________________________________ Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. A.S. Mardikar, Advocate for the applicant, Mr. M.K. Pathan, Addl.P.P. for the respondent/State.

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CORAM : P.V. HARDAS & M.L. TAHALIYANI, JJ. DATED : AUGUST 24th, 2012.

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By this application, the applicant/appellant seeks suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the appeal. The applicant/appellant stands convicted for the offences punishable under Sections 302 and 201 of the Indian Penal Code on the allegations that the applicant had committed murder of deceased Shrikrishna on 11-7-2012. The evidence against the applicant/appellant comprises of the testimony of P.W.3-Gajanan Punde, P.W.4-Suman Punde, P.W.9-Ratna Ilame and P.W.10-Ganesh Punde, who had last seen the deceased in the company of the applicant/appellant. The dead body of deceased was found four to five days thereafter. The Medical evidence indicates that the deceased had died 48 to 70 hours prior to performing of the post-mortem examination.

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2 appa480.12.odt

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Mr. A.S. Mardikar, learned Counsel for the applicant/appellant, has urged before us that there is hardly any evidence which would establish that the deceased being last seen in the company of the applicant/appellant and the discovery of the said body. The learned Addl. Public Prosecutor has supported the findings arrived at by the learned trial Court.

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In the light of the fact that the trial Court had placed implicit reliance on the testimony of the witnesses of deceased being last seen in the company of the applicant/appellant and the medical evidence, we are not inclined to suspend the substantive sentence of imprisonment of the applicant/appellant and his enlargement on bail. However, looking to the evidence, which is available against applicant/appellant, we direct that the appeal be listed expeditiously for final hearing.

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applicant/appellant has placed before us the copies of the depositions of the witnesses. In that light of the matter, we dispense with the preparation of the formal paper-book and direct that the appeal be listed for final hearing in the week commencing from 3^rd September, 2012.

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JUDGE

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JUDGE

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pma

Vijay Kisan Nachan v. State of Maharashtra through Pso Jalgaon Jamod Distt Buldhana

Case brief

What is this about?

What did the court decide?

Vijay Kisan Nachan v. State of Maharashtra through Pso Jalgaon Jamod Distt Buldhana

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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