Allowed

Sachin Shrirang Chandanshive v. the State of Maharashtra and Anr.

Bombay HC7 Mar 2013APPA/204/2013

Case brief

AI extract

What is this about?

The High Court allowed the application of an accused convicted of murder, suspended his sentence of imprisonment, and released him on bail pending the decision of his criminal appeal.

What did the court decide?

Application allowed; sentence of imprisonment suspended; applicant released on bail upon executing personal bond and showing up at Akaluj Police Station periodically.

Sachin Shrirang Chandanshive Vs the State of… — Murder and Culpable Homicide | Bombay HC (2013)

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1/3 (6)APPA-204-13

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Tilak

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.204 of 2013 IN

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CRIMINAL APPEAL NO.931 of 2012

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Sachin Shrirang Chandanshive ... Applicant versus The State of Maharashtra ... Respondent

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Mr.Vikas Shivarkar, Advocate for the applicant. Mr.F.R.Shaikh, APP for the State.

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CORAM : P.V.HARDAS AND

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ABHAY M. THIPSAY, JJ.

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DATED : MARCH 07, 2013

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P.C.

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1 By an application, the applicant/original Accused No.6, seeks suspension of the substantive sentence of Imprisonment, and his enlargement on bail, pending the decision of the appeal.

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2 The applicant along with the other accused stands convicted for an offence punishable under sections 147, 148, 302 read with section 149 and 506 II of the Indian Penal Code by the Trial Court, on the allegation that the applicant along with other accused had committed murder of deceased Shamrao, on 8 January 2009.

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2/3 (6)APPA-204-13

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3 The evidence of the prosecution principally revolves around the testimony of PW no.3 Kailas and PW no.4 Satyawan as eye witnesses. The evidence of both these eye witnesses reveals that when deceased Shamrao accompanied by other accused, had gone to the place where the accused were illicit by felling trees, the present applicant along with other accused had assaulted the deceased by fists and kick blows and subsequent thereto, accused no.3 assaulted the deceased Shamrao with an axe. The only overt act attributed to the present applicant is of assault by fists and kicks. The evidence of the eye witnesses does not indicate that the applicant participated in assaulting deceased Shamrao after deceased Shamrao was assaulted by Accused no.3 by an axe.

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4 In the light of the aforesaid evidence, therefore, we are inclined to allow this application, and suspend the sentence of imprisonment and direct the release of the applicant on bail, though the applicant was not on bail during trial.

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5 We accordingly allow this application, and suspend the substantive sentence of Imprisonment and direct that the applicant be released on bail on the applicant executing personal bond in the sum of Rs.20,000/- with one or two sureties in like amount, to the satisfaction of the Trial Court.

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6 The applicant shall attend the Akaluj Police Station, once in three months on the first Saturday of the quarter between 9.00 a.m. to 10.00 a.m.

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3/3 (6)APPA-204-13

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7 Application allowed accordingly.

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( ABHAY M.THIPSAY,J ) (P.V.HARDAS,J)

Sachin Shrirang Chandanshive v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Sachin Shrirang Chandanshive v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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