Criminal application seeking bail on merits after previous rejection, citing sister's mental retardation and aged father's inability to care. Court rejected bail, holding father capable of caring.
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jdk 1 8.cr.appa.1131.15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 1131 OF 2015 IN CRI. APPEAL NO. 1492 OF 2011
Mahendra Vasudev Gavas .. Applicant
Vs.
The State of Maharashtra .. Respondent
Mr. Prashant Raut i/b Mr. Sanjeev P. Kadam Advocate for Applicant
Mr. A.S. Shitole A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND SMT. ANUJA PRABHUDESSAI, JJ.
DATED : MARCH 30, 2016
ORAL ORDER: [PER SMT. V.K.TAHILRAMANI,J.] :
1 Heard both sides.
2 The applicant has been mainly convicted under Section 302 of IPC for causing the death of his wife Mayuri by assaulting her with " Pal Koyata". The application of the applicant for bail on merits came to be rejected. Now the
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jdk 2 8.cr.appa.1131.15.doc
applicant has preferred this fresh application seeking bail on the ground that his sister Sulbha is suffering from 75% mental retardation and age of Sulbha is 43 years. The certificate to that effect is produced which is taken on record and marked "X" for identification. It is stated that in the house, only the father and the sister of the applicant reside. It is further stated that his father being 65 years of age and is suffering from medical problem, hence, the father is unable to take care of his sister. However, on perusing the medical certificate which is at Exh. B to the application and looking to the age of his father who is just 65 years old, we are of the opinion that the father would be able to take care of his daughter and it is not necessary to release the applicant on bail on this ground. Hence, the application for bail is rejected.
[ SMT. ANUJA PRABHUDESSAI, J.] [ SMT. V.K.TAHILRAMANI,J. ]
kandarkar
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1 issue framed by the court
Whether bail should be granted to the applicant given his sister's mental retardation and the father's age.
Mahendra Vasudev Gavas
The State of Maharashtra
V.K. Tahilramani
Anuja Prabhudessai
As recorded by the court registry
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