An application for bail filed by a convicted appellant seeking release pending appeal in a murder case was rejected. The High Court held that considering the direct evidence, dying declaration, and material record, the applicant is not a fit case for bail.
Application for bail was rejected. Counsel's fees were directed to be paid.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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cra4657.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.4657 OF 2011 IN CRIMINAL APPEAL NO.22 OF 2012
Kakasaheb s/o Mohiniraj Khatik,
Age-42 years, Occu:Nil,
Con. No.C/16054, Lodged in
Yerwada Central Prison,
Pune-6.
...APPLICANT.
VERSUS
The State of Maharashtra
...RESPONDENT.
...
Shri.V.P. Kadam Advocate for Applicant
(Appointed).
Shri.V.D. Rakh, A.P.P. for Respondent.
...
CORAM: NARESH H. PATIL AND
T.V. NALAWADE, JJ.
DATE : 7TH FEBRUARY, 2012.
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ORAL ORDER [PER T.V. NALAWADE, J.] :
1.The Applicant is convicted for an offence
punishable under Section 302 of the Indian Penal
Code and sentenced to suffer imprisonment for life
and to pay fine of Rs.2000/- (Rupees Two Thousand
only), in Sessions Case No.36 of 2010, by the
District Judge-3 & Additional Sessions Judge,
Shrirampur, by Judgment and order dated 28th June,
2011.
2.The Applicant has preferred Appeal
against the said Judgment and order. The Appeal
was admitted by this Court. By way of present
Application, the Applicant prays for releasing him
on bail, pending hearing and final disposal of the
Appeal.
3.Original record was called and both the
sides are heard.
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4. Deceased Bebitai was wife of the
Applicant. The incident took place after twenty
years of the marriage. They have issues from the
marriage and they were living together. The
incident took place on 28th May, 2010. On that
day, at about 10.00 a.m. the accused assaulted the
deceased, and on the same day, at about 8.00 p.m.
the accused returned home and again started
assaulting the deceased. The accused was addicted
to liquor and due to that there was dispute
between deceased and accused. The incident took
place in presence of their two sons. The accused
poured kerosene on the person of the deceased and
set her on fire. When the sons wanted to
extinguish the fire, the accused prevented them
from doing so. Then the sons called their maternal
uncle. They shifted the deceased to the civil
hospital. In the civil hospital, dying
declaration of the deceased came to be recorded
by the Special Judicial Magistrate. In dying
declaration the deceased blamed accused and the
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crime came to be registered.
5.Before the trial Court, one son of the
accused, aged about 13 years, has given evidence
on the incident. He has blamed his father for the
incident. He has also stated that his father
poured kerosene on the person of his mother and
set her on fire, and when his elder brother tried
to extinguish the fire, his father prevented him
from doing so.
6.Thus, there is direct evidence of eye
witness and evidence in the form of dying
declaration along with the circumstantial evidence
against the Applicant, for the offence punishable
under Section 302 of the Indian Penal Code. In
view of the material placed on record and
considering all aspects of the matter, this Court
holds that this is not a fit case for granting
bail. The Application stands rejected.
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7.The counsel was appointed for the
Applicant. The Secretary, High Court Legal
Services Sub Committee, Aurangabad to pay
professional fees to the counsel appointed, as per
rules.
[T.V. NALAWADE,J.] [NARESH H. PATIL,J.]
asb/FEB12
1 issue framed by the court
Whether the applicant is a fit case for being granted bail pending hearing and final disposal of the appeal in a murder case.
1 provisions across 1 enactments
Kakasaheb s/o Mohiniraj Khatik
The State of Maharashtra
NARESH H. PATIL
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court