Allowed

Gumphabai Chagan Giri v. the State of Mah

Bombay HC12 Mar 2012APPLN/969/2012

Case brief

AI extract

What is this about?

Criminal bail application filed by a 60-year-old woman convicted of murder by burning. High Court allowed bail considering her age, health condition, and previous bail status, suspending the life sentence during the appeal pending. Bail granted via bond.

What did the court decide?

Application for bail allowed; order of substantive sentence suspended during appeal; release on personal and surety bond of Rs. 20,000.

Gumphabai Chagan Giri Vs the State of Mah — Corruption | Bombay HC (2012)

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 cra969.12

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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.969 OF 2012 IN CRIMINAL APPEAL NO.120 OF 2012

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Gumphabai w/o Chagan Giri,
Age-60 years, Occu:Household,
R/o-Choudhari Colony,
Aurangabad.

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...APPLICANT.

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 VERSUS

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The State of Maharashtra,
Through M.I.D.C. Police Station,
Aurangabad.

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...RESPONDENT.

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 ...
 Shri.Sanjay D. Ghayal Advocate for Applicant.
 Shri.S.D. Kaldate, A.P.P. for Respondent.

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...

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CORAM: NARESH H. PATIL AND
 T.V. NALAWADE, JJ.

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 DATE : 12TH MARCH, 2012.

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PER COURT :

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1.Heard learned counsel for the parties.

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2.The Applicant was convicted for an
offence punishable under Section 302 of the Indian
Penal Code and sentenced to suffer Imprisonment
for Life, in Sessions Case No.122 of 2010, by the
Additional Sessions Judge-5, Aurangabad, by
Judgment and order dated 17th February, 2012, for
pouring kerosene on the person of her daughter in
law and setting her on fire.

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3.The incident took place on 26th
September, 2009. Two dying declarations are
recorded, which are at Exhibit 26 and 42. In both
the dying declarations, deceased Kavita stated
that her mother in law poured kerosene on her
person and set her on fire. The deceased suffered
64% burn injuries and survived for near about two
months. Both the dying declarations are recorded
on the day of incident. There are two oral dying
declarations too.

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4.The counsel for the Applicant submits

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that Applicant, mother in law was residing in
separate house. The deceased was staying with her
husband and children. There was no motive for the
Applicant to commit the crime. The Applicant is 60
years old woman and she is suffering from
tuberculosis. The Applicant was on bail during the
trial.

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5.The learned A.P.P. submits that two dying

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declarations described the role attributed to the
Applicant. The dying declarations are reliable and
trustworthy, therefore the bail Application be
rejected.

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6.We have perused the original record.

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Prima facie, we notice that the medical officer
has not put endorsement of deceased being
conscious and oriented, on the dying declarations
which were recorded. But in the evidence of PW-5
Dr. Amol Kaswal, working in Government Medical
Hospital, we find reference that Tahsildar had

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taken his opinion regarding deceased being
conscious and oriented (Exhibit 31). The case of
the prosecution is based mainly on the acceptance
of dying declarations.

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7.Considering the prosecution case, the
defence of the Applicant and the fact that the
Applicant is an old lady who is not keeping well,
and she was on bail during the trial, we are of
the view that she could be released on bail.
Hence, we pass following order:

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O R D E R

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(1) Application for bail filed

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by the Applicant - Gumphabai w/o
Chagan Giri is allowed.

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(2) During the pendency and
final disposal of the Appeal,
theorderofsubstantive

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sentenceimposedonthe
Applicant, is suspended.

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(3) Applicant - Gumphabai w/o
Chagan Giri is directed to be
released on bail on her
furnishing Personal Bond and
Surety Bond in the sum of
Rs.20,000/-(RupeesTwenty
Thousand only).

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[T.V. NALAWADE,J.] [NARESH H. PATIL,J.]

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asb/MAR12

Gumphabai Chagan Giri v. the State of Mah

Case brief

What is this about?

What did the court decide?

Gumphabai Chagan Giri v. the State of Mah

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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