The High Court dismissed an application by a murder convict seeking suspension of sentence and bail pending appeal. The Division Bench noted sufficient circumstantial evidence established complicity and refused reappreciation of evidence at this stage.
Application for suspension of substantive sentence and enlargement on bail was dismissed.
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.
PPD
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40.appa.344-13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.344 OF 2013 IN CRIMINAL APPEAL NO.6 OF 2010
UMESH KISHORE GORADIA. ..APPLICANT VERSUS THE STATE OF MAHARASHTRA ..RESPONDENT
Mrs. A.M. Z. Ansari a/w. Mrs. Nasreen Ayubi, Advocate for the Applicant. Mrs. V.R. Bhosale, APP, for the Respondent – State.
DATE : 08th APRIL, 2013 P.C.
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40.appa.344-13.doc
evidence. The trial Court has found that the accused himself had gone to the police station and had lodged a report and pursuant to the report lodged by the accused the dead body of deceased Pradeep was discovered in the office of the applicant. The office was locked and was opened on the basis of the key which was produced by the accused. The prosecution further relied upon the evidence of last seen which clearly establish that the deceased Pradeep was last seen alive in the company of the accused. No reasonable explanation has been offered by the applicant regarding the murder of deceased Pradeep. The trial Court has also relied upon the evidence of PW-6 regarding purchase of a hammer by the accused from the shop of PW-6.
5. Accordingly this application is dismissed.
(A. R. JOSHI, J.) (P.V. HARDAS, J.)
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2 issues framed by the court
Whether the applicant is entitled to bail pending the decision of his appeal in a murder case.
Whether there is sufficient evidence on record to establish the applicant's complicity with the commission of the crime.
Umesh Kishore Goradia
The State of Maharashtra
A. R. Joshi
P. V. Hardas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
