This court considered an application for regular bail in a murder case. The court noted the victim's dying declarations implicated the applicant. Finding no inconsistency regarding the applicant's involvement, the court rejected the bail plea.
Application for regular bail rejected.
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1 CriApln276/12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.276 OF 2012
Bhausaheb Asaram Misal
Applicant
V E R S U S
The State of Maharashtra
Respondent
Shri A.K. Bhosale, Advocate for the applicant
Shri R.P. Phatke, A.P.P. for the respondent/State
CORAM : A. H. JOSHI, J.
DATE : 22ND FEBRUARY, 2012
PER COURT :
1. This is an application for regular bail.
2. Applicant is husband of deceased Sunita.
3.Offence is registered under Crime No. I-218 of 2009.
Initially it was registered under Sections 307, 323, 504, 506
r/w Section 34 of I.P.C. Due to death of Sunita, it was
converted under Section 302 of I.P.C.
4.The case is based on dying declarations. There are
three dying declarations. In first two dying declarations,
deceased Sunita involved applicant alone and in third dying
2 CriApln276/12 declaration she has involved applicant along with her in-laws.
5.In sofar as applicant is concerned, there is no
contradiction or inconsistency whatsoever. Therefore,
applicant is not entitled for bail.
6.In view of above, this application is rejected.
( A. H. JOSHI, J. )
SRM/22/2/12
2 issues framed by the court
Whether an applicant whose husband died after implicating him in a murder case on dying declaration is entitled to bail.
Whether there are contradictions in dying declarations involving the applicant.
2 provisions across 1 enactments
Bhausaheb Asaram Misal
The State of Maharashtra
A. H. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court