Allowed

Babasaheb Digambar Ghavate v. the State of Maharashtra

Bombay HC3 May 2012BA/582/2012

Case brief

AI extract

What is this about?

In a bail application challenging arrest for murder charges, the court noted inconsistent dying declarations and witness versions. Considering the co-accused was released on bail and the nature of evidence, the single judge allowed the application and granted bail.

What did the court decide?

The applicant was ordered to be released on bail in the sum of Rs. 50,000/- with sureties.

Babasaheb Digambar Ghavate Vs the State of… — Murder and Culpable Homicide | Bombay HC (2012)

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Dixit

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.582 OF 2012

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Babasaheb Digambar Ghavate .... Applicant V/s. The State of Maharashtra, Thru’ Pangari Police Station, Dist. Solapur .... Respondent

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Mr. V.V. Purwant for the Applicant.

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Ms. R.M. Gadhvi, A.P.P., for the Respondent-State.

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CORAM: A.M. THIPSAY

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DATE : 3 rd May, 2012 .

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P.C. :

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Heard.

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The Applicant is arrested in C.R. No.139 of 2008 registered with Pangari Police Station, Dist. Solapur, which is in respect of offences punishable under Sections 302 IPC, 504 IPC and 506 IPC, read with Section 34 of the IPC. The other accused Jakir Patel was arrested and has been released on bail, because the Police could not complete the investigation within the stipulated time.

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The allegation against the Applicant and the other accused is that they

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poured kerosene over the person of Vasant Limba Chavan and set him on fire.

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Dixit

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This allegation is based on the dying declarations made by the said Vasant Chavan. One such declaration has been treated as the First Information Report.

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Mr. Purwant, the learned Advocate for the Applicant, submitted that there were inconsistent versions of the deceased on record. He pointed out that when the said Vasant Chavan was taken to hospital, initially, a history of suicidal burns was given and, later on, the theory of homicidal burning, at the instance of the Applicant and the other accused, was advanced. He also pointed out that some of the witnesses, who earlier mentioned about the dying declaration and the version therein of homicidal death, later on, resiled from their claim and stated that the said Vasant Chavan had, actually, committed suicide, because the Police had planted some Narcotic substance in his house and had threatened to implicate him falsely in a case.

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Though the wife of the deceased has not resiled from the version in the dying declaration so far as it implicates the present Applicant and the other accused, she has, later on, given a different reason for the Applicant and the co-accused to have killed her husband.

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Except the dying declarations, there is no other material to connect the

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Applicant with the alleged offences.

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Dixit

Considering all the relevant aspects of the matter, the Applicant deserves

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to be released on bail.

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It does appear that the Applicant was not available to the Police for quite some time. However, considering the nature of material and the fact that the coaccused to whom an equal role has been attributed has been released on bail, though not on merits, the Applicant should be released on bail.

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The Criminal Application is allowed.

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The Applicant is ordered to be released on bail in the sum of Rs.50,000/-, with one surety in the like amount, or, two sureties in the sum of Rs.25,000/each.

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(A.M. THIPSAY, J.)

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Babasaheb Digambar Ghavate v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Babasaheb Digambar Ghavate 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

Parties & counsel

Coram

Case details

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