Dismissed

Raju S/O Natthuji Dandale v. the State of Maharashtra, Thr. P.S.O. Wardha (City)

Bombay HC28 Sept 2012APPA/573/2012

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay, Nagpur Bench, dismissed an application for suspension of substantive sentence and enlargement on bail. The court held that the application sought re-appreciation of evidence, found strong material against the applicant, and noted the applicant was not on bail during trial.

What did the court decide?

Application dismissed; appeal listed for final hearing.

Raju S/O Natthuji Dandale Vs the State of Maharashtra, Thr… — Bail and Remand | Bombay HC (2012)

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289appa573.12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPA) No.573 of 2012 in CRIMINAL APPEAL NO.109 OF 2012 (Raju s/o. Natthuji Dandale .vs. State)

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Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions and Registrar's Orders.

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Court's or Judge's orders.

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CORAM : P.V.HARDAS & A.P.BHANGALE, JJ. DATE : 28.9.2012.

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By this application, the applicant seeks suspension of substantive sentence of prison and his enlargement on bail pending decision of the appeal. The applicant/appellant is alleged to have set his wife named Lalita ablaze in the morning of 5th October, 2010. Principal evidence against the applicant comprises of dying declaration at Exh.19 recorded by Police Constable Rajendra Kapse (PW6). The prosecution has also relied upon the oral dying declaration alleged to have been made by injured Lalita to Bandu Patil (PW-4). The trial Court, upon appreciation of evidence of prosecution, convicted and sentenced the applicant, as afore-stated.

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Mr.R.D.Wakode, learned Counsel for the applicant has urged before us that no reliance can be placed on the oral dying declaration alleged to have been made to Bandu Patil (PW-4) as the

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289appa573.12.odt

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conduct of witness Bandu is highly unnatural. It is also urged before us that no reliance ought to have been placed on the dying declaration at Exh.19 as the appellant in his defence has clearly stated that his wife Lalta committed suicide.

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The learned A.P.P. has urged for dismissal of the application on account of existence of a strong prima facie case.

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The submission advanced before us by the learned Counsel for the applicant pertains to re-appreciation of evidence, which cannot be done at this stage. Suffice it to state that there is strong material against the applicant and the applicant, therefore, according to us, would not be entitled to seek suspension and enlargement on bail. Additionally, we find that the applicant was not on bail during trial. We, accordingly, dismiss this application.

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It further appears that the paper book in this appeal has been prepared and since Criminal Appeals of the year 2012 are already on the Board for final hearing, we direct that this appeal be listed for final hearing at its appropriate place

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JUDGE

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JUDGE

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jais

Raju S/O Natthuji Dandale v. the State of Maharashtra, Thr. P.S.O. Wardha (City)

Case brief

What is this about?

What did the court decide?

Raju S/O Natthuji Dandale v. the State of Maharashtra, Thr. P.S.O. Wardha (City)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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