Allowed

Keshavrao S/O Bakharam Parteki ( in Jail) and Anr. v. State of Maharashtra Thr. P.S.O.

Bombay HC26 Feb 2013APPA/152/2013

Case brief

AI extract

What is this about?

In a criminal application regarding a murder conviction under Section 302 read with 34 IPC, this court granted bail to the applicant based on the parity of evidence against him with co-accused who were previously granted bail by the trial court.

What did the court decide?

The applicant was ordered to be released on bail upon execution of a bail bond in the sum of Rs. 20,000/- with one surety.

Keshavrao S/O Bakharam Parteki ( in Jail) and… — Murder and Culpable Homicide | Bombay HC (2013)

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

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CRIMINAL APPLICATION (APPA) NO.152/2013 IN CRIMINAL APPEAL NO.483/2012

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Keshavrao s/o Bakharam Parteki

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...Versus...

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The State of Maharashtra, through P.S.O. Aroli Police Station,
Tq. Mouda, Distt. Nagpur

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- - - - ------------- - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. P.P. Patil, Adv. for applicant.
Mrs. M.H. Deshmukh, APP for State/respondent.

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CORAM : A.P. LAVANDE AND A.B. CHAUDHARI, JJ.

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Heard Mr. Patil, learned counsel for the
applicant and Mrs. Deshmukh, learned Additional
Public Prosecutor for the State/respondent.

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By this application the applicant, who has

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been convicted along with two other accused for the
offence punishable under Section 302 read with 34 of
Indian Penal Code, seeks suspension of substantive
sentence and bail. The applicant has been convicted
for causing murder of deceased Bhagwan Sampat

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Kodwate by assaulting him with sticks. The trial
Court has primarily relied upon the evidence of
Bebibai (P.W.9) and Sushma (P.W.5) wife and daughter
respectively of the victim who have deposed about
the assault of the accused on deceased Bhagwan.
This Court by common order dated 9/1/2013 granted
bail to other applicants who are sons of applicant.
Perusal of the record discloses that the evidence
tendered by the prosecution against all the three
accused is almost identical and therefore in our
opinion on the ground of parity the applicant is
also entitled to be released on bail. In view of
the above, we pass the following order.

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ORDER

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The applicant is ordered to be released on
bail upon execution of bail bond in the sum of
Rs.20,000/- (Rs. Twenty Thousand Only) with one
surety in the like amount to the satisfaction of
learned trial Judge on the following conditions :

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(i) The applicant should report at police
station Aroli on 1st of every month at 11 a.m.
beginning from March, 2013 till the disposal of the

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appeal;

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(ii)The applicant shall deposit the fine

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amount, if not deposited, before the trial Court
before execution of the bail bond; and

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(iii) The applicant shall remain personally
present in this Court at the time of final hearing
of the appeal.

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Application is disposed of.

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JUDGEJUDGE

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Tambaskar.

Keshavrao S/O Bakharam Parteki ( in Jail) and Anr. v. State of Maharashtra Thr. P.S.O.

Case brief

What is this about?

What did the court decide?

Keshavrao S/O Bakharam Parteki ( in Jail) and Anr. v. State of Maharashtra Thr. P.S.O.

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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