The High Court at Aurangabad rejected the bail application of Kistana, a life convict for murdering his wife, who pleaded alibi. The court held the prosecution case was established and bail was not a question in such a serious offence, as the applicant was also the legal services counsel.
The bail application was rejected and the record was sent back.
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.
1
cra518.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.518 OF 2012 IN CRIMINAL APPEAL NO.43 OF 2012
Kistana s/o Nama Mugawar,
Age-40 years, Occu:Agril.,
R/o-Madnapur, Tq-Mahur,
Dist-Nanded.
...APPLICANT.
VERSUS
1) The State of Maharashtra,
...RESPONDENT.
...
Smt.Surekha G. Chincholkar Advocate for
Applicant (appointed).
Shri.S.D. Kaldate, A.P.P. for Respondent.
...
CORAM: NARESH H. PATIL AND
T.V. NALAWADE, JJ.
DATE : 6TH MARCH, 2012.
PER COURT :
1.Heard learned counsel for the parties.
2
cra518.12
2.The Applicant is convicted for an offence
punishable under Section 302 of the Indian Penal
Code and sentenced to suffer Rigorous Imprisonment
for life, for committing murder of his wife, in
Sessions Case No.85 of 2011, by the Additional
Sessions Judge, Nanded, by Judgment and order
dated 6th January, 2012.
3.The couple had married life of more than
20 years. From the record, it transpires that the
Applicant had 17 years old daughter, who was
staying in her uncle's house. The dead body of the
deceased was found in the house where she was
residing.
4.The medical officer, PW-4 Dr. Anil
Waghmare, opined that the deceased died due to
cardio respiratory arrest due to asphyxia, which
is possible by pressing neck by both the
hands. The plea of the accused is of alibi. The
cra518.12
3
accused - Applicant was arrested from Adilabad.
The learned counsel for the Applicant therefore
submits that there was no motive to commit murder
of his wife. The Applicant was not residing with
the wife at the relevant time.
5.We have perused the relevant record,
medical opinion, statement of the Applicant
recorded under Section 313 of the Code of Criminal
Procedure and the findings reached by the trial
Court.
6.The prosecution has made out a case
against the Applicant. The evidence of PW-11
Kumari Divyalata, daughter of the Applicant,
involves the Applicant in commission of crime.
This is not a case where the Applicant could be
released on bail. The Application is rejected.
7.The Record and Proceedings be sent back.
cra518.12
4
8. 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/MAR12
2 issues framed by the court
Whether bail can be granted to the applicant convicted for murder who pleads alibi.
Whether the prosecution case has been made out against the applicant.
2 provisions across 2 enactments
Kistana s/o Nama Mugawar
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