In a criminal appeal, the single judge held that conviction under Section 395 IPC was highly questionable. The court granted bail with twenty-five thousand rupees and suspended the substantive sentence during the appeal.
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.
1 appa272.14.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPA) NO.272 OF 2014 IN
CRIMINAL APPEAL NO.285 OF 2014.
(DEEPAK NILKANTH SIKKA...VS..STATE OF MAH. THR. PSO PS SALEKASA, DIST. GONDIA)
Mr.P.R.Puri, Advocate for Applicant.
Mr.R.S.Nayak, A.P.P. for Respondent.
CORAM : M.L.TAHALIYANI, J. DATED : MAY 07, 2014.
Heard learned counsel for the parties.
The applicant has been convicted for the offence punishable under Sections 367 and 395 of the Indian Penal Code.
I have gone through the judgment in question and the oral evidence of witnesses. I am of the view that it is highly questionable whether the applicant can be convicted for the offence punishable under Section 395 of the Indian Penal Code. I am, therefore, inclined to grant bail to the applicant.
The applicant be released on bail in the sum of rupees twenty five thousand with one solvent surety in the like amount.
The substantive sentence imposed on the applicant shall remain suspended during pendency of the appeal.
Criminal Application No. 272 of 2014 stands disposed of accordingly.
JUDGE
RRaut..
2 issues framed by the court
Whether the applicant can be convicted for the offence punishable under Section 395 of the Indian Penal Code.
Whether bail should be granted to the applicant during the pendency of the appeal.
2 provisions across 1 enactments
DEEPAK NILKANTH SIKKA
STATE OF MAH. THR. PSO PS SALEKASA, DIST. GONDIA
M.L.TAHALIYANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
