Partly allowed

Mohammed Rafiq Shahabuddin Shaikh v. the State of Maharashtra

Bombay HC8 Aug 2013APPA/614/2013

Case brief

AI extract

What is this about?

In a criminal appeal regarding a murder conviction under Section 302 IPC, the High Court refused to suspend the applicant's sentence or grant bail, finding no evidence of insanity at the time of the crime. The court expedited the appeal hearing and directed the filing of a private paper book.

What did the court decide?

Application for suspension of sentence and bail dismissed. Appeal hearing expedited; liberty granted to file private paper book within four weeks.

Mohammed Rafiq Shahabuddin Shaikh Vs the State… — Murder and Culpable Homicide | Bombay HC (2013)

2-appa.614.2013.doc

nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶5

CRIMINAL APPLICATION NO.614 OF 2013

¶6

¶7

CRIMINAL APPEAL NO.731 OF 2013

¶8

Mohammed Rafiq Shahabuddin Shaikh ...Applicant. v/s.

¶9

The State of Maharashtra

¶10

...Respondent.

¶11

Mr.Chaitanya Malgaonkar, i/b. Mr.Rishi Bhuta, for the applicant.

¶12

Mr.H.J.Dedhia, APP for the State.

¶13

CORAM: P. V. HARDAS & REVATI MOHITE DERE, JJ.

¶14

AUGUST 8, 2013.

¶15

P.C.

¶16

The applicant who stands convicted for an offence

¶17

punishable under Section 302 of the Indian Penal Code, seeks suspension of the substantive sentence of imprisonment and his enlargement on bail, pending the decision of the Appeal.

¶18

¶19

2-appa.614.2013.doc

¶20

The principal ground for seeking his release on bail

¶21

is that the applicant was suffering from schizophrenia at the time of commission of the murder of deceased - Devendra. The trial court however repelled the aforesaid defence. Reliance is placed by the learned counsel for the applicant on the admission made by PW.6 in his crossexamination that he learnt that the applicant/appellant was suffering from some medical ailment. Reliance is also placed by the learned counsel for the applicant on the evidence of the defence witness which has been examined on behalf of the applicant. The defence evidence in respect of the ailment of the applicant is about treatment after the incident.

¶22

Thus, we find that there is no evidence whatsoever

¶23

to indicate that the applicant was insane at the time of commission of the incident and because of his ailment was unable to understand the nature of the act which he was committing.

¶24

¶25

2-appa.614.2013.doc

¶26

In that light of the matter therefore, we are not inclined to suspend the substantive sentence of imprisonment. However, since this is the only aspect of the case which is involved and as conviction of the applicant is based primarily on the testimony of the sole eye witness i.e. PW.6, we expedite the hearing of the Appeal. Learned Counsel for the applicant seeks leave to file a private paper book. This be done within four weeks from today. We direct that the Appeal be listed for Final Hearing after the private paper book is filed. We grant liberty to the applicant to apply for a fixed date of hearing.

¶27

Application is accordingly dismissed with aforesaid liberty and directions.

¶28

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

Mohammed Rafiq Shahabuddin Shaikh v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Mohammed Rafiq Shahabuddin Shaikh v. the State of Maharashtra

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

Similar cases

Kishore Shyamji Meharia Vs the State of Maharashtra

The State of Maharashtra Vs Sanjaykumar Dhondiram Cahvan and Ors.

Pravin Tukaram Kumbhar Vs the State of Maharashtra

Dilip Kishor Bawiskar and Anr. Vs the State of Maharshtra

Santosh Jitendra Rai Vs the State of Maharashtra

Jaykisan Lakhani Vs the State of Maharashtra and Anr.