In a bail application seeking suspension of sentence, the High Court refused the request for bail on appeal due to procedural restrictions on re-evaluating evidence but directed registration and final hearing of the pending appeal.
Application dismissed; appeal listed for final hearing upon receipt of papers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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6-appa.259.2013.doc
nsc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.259 OF 2013
IN
CRIMINAL APPEAL NO.656 OF 2008 WITH
CRIMINAL APPEAL NO.656 OF 2008
Dattatraya Shrirang Desai v/s.
...Applicant.
The State of Maharashtra ...Respondent.
Mr.Atul Sarpande i/b. Mr.N.N.Patil, for the applicant. Mrs.M.M.Deshmukh, APP for the State.
CORAM: P. V. HARDAS & REVATI MOHITE DERE, JJ.
JULY 29, 2013.
P.C.
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6-appa.259.2013.doc
relied upon the circumstance of motive, that the applicant was seen in the vicinity before the incident, recovery of knife at the instance of the applicant which according to the report of the chemical analyzer was stained with human blood.
purchased the said knife about a day before the incident and the clothes of the applicant were found stained with human blood though the group could not be determined.
and the learned APP. It appears that the applicant had earlier filed applications which were not pressed and therefore the present application has been filed. The submissions which have been advanced before us by the learned counsel for the applicant pertain to re-appreciation of the evidence, which cannot be done at this stage. However, since the applicant was arrested on 19th July, 2006 and has been in custody since then, we are inclined to
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direct that the Appeal filed by the applicant which is of the year 2008 be listed before the Court for Final Hearing.
(REVATI MOHITE DERE,J.) (P. V. HARDAS,J.)
1 issue framed by the court
Whether bail should be granted pending the hearing of the appeal.
Dattatraya Shrirang Desai
State of Maharashtra
P. V. Hardas
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
