Dismissed

Shivaji Alias Katod Balu Desale v. the State of Maharashtra

Bombay HC24 Jul 2013APPA/638/2013

Case brief

AI extract

What is this about?

This case dealt with an application for suspension of the substantive sentence of imprisonment and enlargement on bail pending the decision of the appeal. The court dismissed the application but granted liberty to apply for suspension of substantive sentence if the appeal is not heard within a month from the listed date. The listed date for the appeal is 31st July 2013.

What did the court decide?

Application dismissed; liberty granted to apply for suspension of sentence if appeal not heard within one month from 31st July 2013.

Shivaji Alias Katod Balu Desale Vs the State of Maharashtra — Bail and Remand | Bombay HC (2013)

APPA 638.13.sxw

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION

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CRIMINAL APPLICATION NO. 638 OF 2013 IN CRIMINAL APPEAL NO. 471 OF 2013

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Shivaji Alias Katod Balu Desale.

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... Applicant.

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V/s.

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The State of Maharashtra.

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... Respondent.

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Mr. Nitin V. Jadhav for the Applicant. Mr. H.J. Dedhia, APP for the State.

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

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JULY 24, 2013.

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P.C. :-

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By this Application the Applicant/Accused prays for suspension of the substantive sentence of imprisonment and his enlargement on bail pending the decision of the Appeal.

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Undisputedly, the conviction of the Applicant is based on the oral dying declaration alleged to have been made by Sangita to PW-1 Jaywant, PW-3 – Harishchandra and PW-4 Vijay. The prosecution has also relied upon the dying declaration of Sangita recorded at Exhibit 27 by PW-8 Digambar Bhandane, a Police Officer. The learned Counsel for the Applicant has urged before us that the dying declaration

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APPA 638.13.sxw

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at Exhibit 27 cannot be made foundation for suspending the conviction as there is no evidence that the dying declaration after it was recorded was read over to the declarant and the declarant had admitted the contents to be correct. Reliance in this behalf is placed on the Judgment of the Supreme Court in Shaikah Bakshu v/s. State of Maharashtra [(2008) 1 SCC (Cri.) 679].

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In the light of the submissions of the learned Counsel for the Applicant, according to us, it would be appropriate to direct that the Appeal be listed for final hearing within a week. Since the learned Counsel for the Applicant has annexed the copies of the depositions of the witnesses, we dispense with the preparation of a formal paper-book. Meanwhile, the Record and Proceedings be called for from the Trial Court so as to reach this Court within one week from today. The Appeal therefore be listed before this Court on 31^st July 2013 at Serial No.1 subject to over-night part heard matter.

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We accordingly dismiss this Application at this stage. We however grant liberty to the Applicant to apply for suspension of substantive sentence and his enlargement on bail in the event the Appeal is not heard within one month from 31^st July 2013.

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

Shivaji Alias Katod Balu Desale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shivaji Alias Katod Balu Desale v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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