High Court of Nagpur disposed of a bail application in a murder appeal. The Court refused bail to the husband but granted it to the wife during the appeal's pendency.
Applicant no.1 (husband) refused bail; Applicant no.2 (wife) released on bail on same terms as trial court.
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.
Order
1412appa657.15
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APPA) No. 657/2015 IN CRIMINAL APPEAL NO. 354/2015.
Pralhad Gunwant Madhar and another.
The State of Maharashtra
Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.
CORAM : B.P. DHARMADHIKARI & V.M.DESHPANDE, JJ.
DATE : DECEMBER 14, 2015.
Heard Shri R.M. Patwardhan, learned
Counsel for applicants/appellants and Shri S.M. Ukey, learned Addl. P.P. for respondent.
Order
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appellants to procure some agency is stated to be the cause of assault. P.W.1 – daughter of deceased claims to have witnessed the assault. The cause of death is head injury, and weapon used is stick. Prosecution claims that at 7 p.m. in the night, P.W.1 – daughter saw appellant no.2-wife holding the deceased and appellant no.1-husband assaulting with a stick, which is about 4 feet 1 inch in length.
Order
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JUDGE JUDGE
Rgd.
1 issue framed by the court
Whether the husband should be released on bail during pendency of appeal given hostility of witnesses and physical evidence inconsistencies.
Pralhad Gunwant Madhar
Indubai Pralhadrao Madhar
The State of Maharashtra
B.P. Dharmadhikari
V.M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
