Allowed

Sachin Ramchandra Teke v. the State of Maharashtra

Bombay HC12 Aug 2013APPA/295/2013

Case brief

AI extract

What is this about?

The High Court allowed the application for suspension of the substantive sentence and directed the release of the applicant on bail pending the disposal of his criminal appeal, noting that the death was due to asphyxia by hanging without evidence of homicide.

What did the court decide?

The substantive sentence of imprisonment is suspended and the applicant is released on bail on executing a PR bond with sureties and attending the Courts periodically.

Sachin Ramchandra Teke Vs the State of Maharashtra — Murder and Culpable Homicide | Bombay HC (2013)

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pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 295 OF 2013

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CRIMINAL APPEAL NO. 825 OF 2012

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Sachin Ramchandra Teke

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.. Applicant

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Vs.

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The State of Maharashtra .. Respondent

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Mr. Hrishikesh Mundargi for applicant. Mr. H. J. Dedhia, APP for State.

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CORAM: P. V. HARDAS &

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REVATI MOHITE DERE, JJ.

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AUGUST 12, 2013.

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P.C.

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By this application, the applicant/original accused no.1 seeks

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suspension of the substantive sentence of imprisonment and his

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enlargement on bail, pending the decision of the appeal.

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The applicant stands convicted for an offence punishable

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under Sections 302 and 498-A of the Indian Penal Code on the allegations that the applicant had committed murder of his wife - Megha on 6/9/2010

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at about 9 a.m.

We need not, at this stage, advert to the other circumstances in

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the light of the fact that the Medical Officer, who had performed post mortem examination on the dead body of Megha has clearly opined that death of Megha was due to asphyxia due to hanging. There are no other circumstances on record which would even remotely indicate that death of Megha was a homicidal death. The solitary circumstance, on which the prosecution has placed reliance is the finding of human blood on the shirt of the accused. Blood stains were also noticed on the blouse and the bedsheet found at the scene of the offence. The group of the blood stains, however, could not be determined. The other accused have been released on bail by the Division Bench of this court by order dated 4/2/2013 in Criminal Application No. 1765 of 2012. The Division Bench of this court has observed at paragraph 9 of the order that the court was of the prima facie opinion that since the cause of death was asphyxia due to hanging and that there was no evidence that the deceased had died a homicidal death,

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the other accused were entitled for suspension of sentence and their release on bail.

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In the light of the said facts, therefore, according to us, this is a

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fit case for suspending the substantive sentence of imprisonment and directing the release of the applicant on bail.

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Accordingly, this application is allowed and the substantive

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sentence of imprisonment is suspended and the applicant is released on bail on the applicant executing a PR bond in the sum of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial court. In addition, the applicant shall attend the Court of Sessions at Malshiras once in three months till the final disposal of the appeal on the date so fixed by the concerned Sessions Court. In the event of any two consecutive defaults in attending the Sessions Court, the Sessions Court shall submit a report to this court and in that event the State is at liberty to apply for cancellation

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of bail.

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Application is accordingly allowed as indicated above.

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(REVATI MOHITE DERE,J.) (P. V. HARDAS,J.)

Sachin Ramchandra Teke v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sachin Ramchandra Teke v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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