The High Court rejected the appellant's application to suspend a substantive imprisonment sentence and grant bail in a murder appeal. Citing strong prima facie evidence and false testimonies, the court refused bail but expedited the appeal hearing.
Application to suspend sentence and grant bail dismissed; appeal hearing 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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appa-248-15
pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 248 OF 2015
IN
CRIMINAL APPEAL NO. 165 OF 2015
Chandradeo @ Chandu Parmeshwar Rai
Vs.
The State of Maharashtra
.. Respondent
Ms. Sarojini Upadhyay, Appointed Advocate for applicant. Mrs. Sangeeta D. Shinde, APP for State.
CORAM: P. V. HARDAS & DR. SHALINI PHANSALKAR-JOSHI,JJ.
MARCH 30, 2015.
P.C.
of the substantive sentence of imprisonment and his enlargement on bail,
pending the decision of the appeal.
his wife on 20/10/2007 is based on circumstantial evidence. The
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prosecution had established that deceased, wife of the applicant, had died a homicidal death and the case of death was determined as strangulation with assault. The applicant and the deceased were the only persons who had spent the night in the house. The applicant had offered a false explanation that his wife had died due to loose motion and pneumonia. The medical evidence proves the said explanation to be false. Moreover, the applicant had informed his father-in-law that deceased had died due to electric shock while charging her mobile.
(DR. SHALINI PHANSALKAR-JOSHI,J.) (P. V. HARDAS,J.)
2 issues framed by the court
Whether substantial sentence of imprisonment should be suspended pending the decision of the appeal in a murder case based on circumstantial evidence?
Whether bail should be granted to an accused who has undergone over seven years of incarceration in a murder case?
Chandradeo @ Chandu Parmeshwar Rai
The State of Maharashtra
P. V. HARDAS
DR. SHALINI PHANSALKAR-JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
