The Bombay High Court rejected the bail application of Dadaram Satav, convicted of murdering his wife under Section 302 IPC. The court held that it is not a fit case to grant bail and expedited the hearing of the pending criminal appeal.
Bail rejected; hearing of Criminal Appeal No. 737 of 2014 expedited.
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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jdk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1209 OF 2014 IN
CRI. APPEAL NO. 737 OF 2014
Dadaram Navnath Satav .. Applicant
Vs.
The State of Maharashtra .. Respondent
Mr. Abhaykumar Apte Advocate appointed for Applicant Smt. V.R. Bhonsale, A.P.P. for Respondent
CORAM : SMT.V.K.TAHILRAMANI AND SHRI.A.K.MENON, JJ.
DATED : DEC. 18, 2014
P.C.:
1 Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.
2 The applicant has been convicted under Section 302 of IPC for causing the murder of his wife Rekha. The applicant is now seeking bail.
3 The applicant and his wife Rekha were residing at Nimgaon. It is the prosecution case that the applicant was
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having illicit relations with one Vaishali. At the time of the incident, the applicant's wife Rekha was seven months pregnant. On account of illicit relations of the applicant with Vaishali, he wanted to do away with his wife Rekha, hence, on 7.9.2008 the applicant took his wife Rekha to Dhavlas. He took her near a water tunnel and pushed her into the water tunnel. People from the village saved Rekha. Police then took her to the hospital and admitted in the hospital. In the hospital, P.W. 16 Police Head Constable Londhe recorded dying declaration of Rekha. Rekha told him that her husband took her on motorcycle to village Dhavlas. Then he took her to a tunnel and asked her to peep inside the tunnel to see how deep it was. When she peeped into tunnel, he pushed her inside the tunnel. Rekha also informed Police Head Constable Londhe that her husband was having illicit relations with one lady who resides at Nimgaon Ketki, therefore, she was pushed in the water tunnel by her husband. In addition, it is seen that Rekha made oral dying declaration to P.W. 4 Pravin and P.W. 7 Sandipan. Rekha informed them that her husband pushed her in the water tunnel.
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4 The evidence of P.W. 5 Sindhu, P.W. 9 Ashok and the evidence of P.W. 8 Anjana shows that the applicant was having illicit relations with one Vaishali and on account of this, the applicant was ill-treating and assaulting Rekha. Sindhu has stated that at the time of the incident, her daughter Rekha was seven months pregnant. Due to this, Rekha was brought by her parents to their house. On the day of the incident, the applicant informed Rekha that he is taking her to Pune for seeing the `Ganpati festival' and therefore, she should come to Indapur, hence, Rekha went to Indapur. The water tunnel into which the applicant pushed Rekha, is situated at Dhavlas in Indapur.
5 Looking to the evidence on record, we do not think that this is a fit case to grant bail. Application is rejected, however, hearing of the Criminal Appeal No. 737 of 2014 is expedited.
[SHRI.A.K.MENON, J. ] [SMT. V.K.TAHILRAMANI, J.]
kandarkar
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3 issues framed by the court
Whether bail should be granted to an applicant convicted of murder under Section 302 of IPC.
Whether the case is fit for granting bail in light of the charge of murder.
Whether the criminal appeal should be expedited for further hearing.
1 provisions across 1 enactments
Dadaram Navnath Satav
The State of Maharashtra
V.K. Tahilramani
A.K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
