The court dismissed a bail application by an appellant convicted of murdering his wife, holding that the consistent dying declarations prevented suspension of sentence. The appeal was expedited for airing.
Application dismissed; appeal added to weekly final hearing board.
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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SQP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.732 OF 2013
IN
CRIMINAL APPEAL NO.885 OF 2012 WITH CRIMINAL APPEAL NO.885 OF 2012
Asif Roshan Shaikh ...Applicant Versus The State of Maharashtra ...Respondent
Mr. Abhaykumar Apte, appointed Advocate for Applicant
Mr. H.J. Dedhia, A.P.P. for Respondent-State
CORAM:- P.V.HARDAS AND REVATI MOHITE DERE, JJ. DATED:- AUGUST 20, 2013
P.C.
pouring kerosene on her and setting her ablaze. The prosecution principally
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relied upon two dying declarations recorded by PW 1-Bhalchandra and PW 3-Sayaji Deshmukh respectively. With the assistance of the learned Counsel for the applicant, we have perused the two dying declarations and we find that the dying declarations are consistent insofar as the overt act attributed to the applicant.
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(REVATI MOHITE DERE, J.)
(P.V.HARDAS, J.)
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2 issues framed by the court
Whether the substantive sentence of imprisonment should be suspended and bail granted pending the disposal of the appeal.
Whether the appeal filed in 2012 can be expedited for hearing.
Asif Roshan Shaikh
The 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
