Dismissed

Mahendra S/O Madhukar Bramhane and Others v. the State of Maharashtra through Pso, Ps Rajura Distt Chandrapur

Bombay HC20 Mar 2013APPA/15/2013

Case brief

AI extract

What is this about?

Appellants challenging criminal appeal seeking suspension of sentence and bail. Court held that conviction based on dying declarations, lack of material contradictions justifying bail, and precedence is not grounds for granting bail.

What did the court decide?

Applications for suspension of sentence and grant of bail are rejected.

Mahendra S/O Madhukar Bramhane and Others Vs the State of… — Bail and Remand | Bombay HC (2013)

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APPA15.2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Application (APPA) No. 15 of 2013 IN

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Criminal Appeal No. 131 of 2012

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Mahendra s/o Madhukar Bramhane and another

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vs.

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The State of Maharashtra, through P.S.O., P.S. Rajura, Distt. Chandrapur.

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Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions and Registrar’s orders.

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Court’s or Judge’s orders

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CORAM : B. R. GAVAI & PRASANNA B. VARALE, JJ.

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DATED : MARCH 20, 2013.

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By way of this application, the applicants,

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who are accused Nos. 1 and 2, are seeking suspension of sentence and for grant of bail.

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Mr. R. M. Daga, the learned Counsel appearing on behalf of the applicants, submits that the conviction is based only on the oral dying declaration. He further submits that, the perusal of evidence on record do reveal that there are material contradictions and omissions. He also submits that, the two other accused have already been released on bail by this Court vide its order dated 6^th September, 2012.

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APPA15.2013

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Mr. R. S. Nayak, the learned Assistant Public Prosecutor for respondent, vehemently opposes this application. He submits that, the learned Trial Judge has convicted the accused and, therefore, no case is made out for grant of bail.

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Perusal of evidence of P.W. 1, 7 and 10 would reveal that all three dying-declarations are consistent to the fact that all the four accused have assaulted the deceased. Merely because P.W. 1 and P.W. 7 are relatives of the deceased cannot be a ground to discard their testimonies at this stage. So far as the order dated 6^th September, 2012 is concerned, the only consideration that weighed with the Court while granting bail appears to be that the said applicants were ladies and were already on bail during trial.

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In that view of the matter and in our considered view, the said order would not be of any assistance to the case of present applicants. We do not find that any case is made out for grant of bail. Appeal of year 2012 would normally come for hearing within a period of one or two years. Application is, therefore, rejected.

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JUDGE JUDGE

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Punde

Mahendra S/O Madhukar Bramhane and Others v. the State of Maharashtra through Pso, Ps Rajura Distt Chandrapur

Case brief

What is this about?

What did the court decide?

Mahendra S/O Madhukar Bramhane and Others v. the State of Maharashtra through Pso, Ps Rajura Distt Chandrapur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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