Allowed

Gajanan Namdeo Javare (Patil) v. the State of Maharashtra

Bombay HC13 Feb 2012APPLN/182/2012

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court at Aurangabad considered a murder charge based on a dying declaration versus a mother's statement suggesting suicide. The Court held that the case remained doubtful and not reasonably certain, thus allowing the applicant's bail petition.

What did the court decide?

Application allowed; applicant granted release on bail with a personal bond and surety bond of Rs.15,000/-.

Gajanan Namdeo Javare (Patil) Vs the State of… — Murder and Culpable Homicide | Bombay HC (2012)

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CriApln182/12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.182 OF 2012

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Gajanan Namdeo Javare (Patil)

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Applicant

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V E R S U S

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The State of Maharashtra

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Respondent

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Shri V.M. Jaware, Advocate for the applicant
Shri S.B. Pulkundwar, APP for the respondent/State

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 CORAM : A. H. JOSHI, J.
 DATED : 13TH FEBRUARY, 2012

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PER COURT :

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1.The present applicant and his wife Sushma were
named as accused in Crime No. 133 of 2011 of Kurha Sub-
Station, Muktainagar, District Jalgaon.

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2.This case pertains to burning. Charge-sheet is
filed for the offence punishable under Sections 302, 452
read with Section 34 of the Indian Penal Code.

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3.Prosecution case rests on sole evidence of
dying declaration. In the dying declaration, Rajkanya

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has stated that the accused persons poured kerosene on
her clothes and set her on fire.

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2 CriApln182/12

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4.Prosecution has recorded statement of Vimalbai
Namdeo Jaware, who is mother of the deceased Rajkanya.
In her statement, she states that Rajkanya was alone in
the home. On account of the quarrel with the accused,
she got fed up and put herself kerosene on her person and
put herself ablaze. She came out of the room in the
burning condition. The accused did not arrive on the
spot to extinguish the fire. She states in her statement
that Rajkanya was being fed up before the burning because
of torture by accused Gajanan and Sushma, so Rajkanya got
herself ablazed.

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5.Present is a case where there is incriminating
dying declaration by deceased Rajkanya and the statement
of Vimalbai, which involves the accused persons in the
incident of being instrumental to suicide by Rajkanya.
This statement, however, tends to exonerate the accused
from the charge of murder.

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6.If the dying declaration is believed, the
accused may be found to be guilty. However, if the

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version of Vimalbai is seen, the case of suicide is
likely to got strengthen than the case of murder. In

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3 CriApln182/12

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this situation, the case of murder becomes doubtful than
reasonably certain.

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4.In this situation, this Court considers that
the applicant is entitled to be released on bail.
Therefore, this application is allowed in terms of prayer
clause ‘B’. The personal bond and surety bond shall be
Rs.15,000/- (Rupees Fifteen Thousand).

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SRM/13/2/12

Gajanan Namdeo Javare (Patil) v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Gajanan Namdeo Javare (Patil) v. the 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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