Single judge dismissed an application for suspension of life sentence and bail under Section 439 CrPC against two appellants convicted of murder under Section 302 IPC. The court found strong prima facie evidence connecting applicants to the crime.
Application for suspension of sentence and enlargement on bail dismissed.
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.
10_appa_1457_2015
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1457 OF 2015 IN
CRIMINAL APPEAL NO.802 OF 2015
...Applicants
The State of Maharashtra
...Respondent
Mr. B.D. Joshi i/b. Mr. Pankaj R. Manohar for the Applicants. Smt. V.R. Bhonsale, APP for the Respondent -State.
CORAM: SMT. V.K. TAHILRAMANI &
SMT. ANUJA PRABHUDESSAI, JJ.
DATED : 22nd March, 2016.
ORAL ORDER [PER : SMT. ANUJA PRABHUDESSAI, J.]:
By this application the Applicants, the original accused Nos.2 and 3 seek suspension of substantive sentence of imprisonment and enlargement on bail pending the decision of the appeal.
Megha
1/4
10_appa_1457_2015
section 302 r/w. 34 of the IPC and are sentenced to undergo imprisonment for life and to pay fine of Rs.2000 i/d. to undergo rigorous imprisonment for one year.
Megha
2/4
10_appa_1457_2015
about 11.00 a.m. there was an altercation between the Applicant No.2 and one Barkat Haider Madari. His brother Shabbir and others had intervened and pacified them and thereafter they had disbursed from the place of the incident. Testimony of PW1, PW2 and PW3 reveals that on the same day, the Applicants alongwith others came armed with weapons and assaulted Shabbir Madari. The testimony of these witnesses indicates that the Applicant No.1 Husain Maqbul Shaikh had instigated the other co-accused and told them to murder him. The testimony of PW 1 further reveals that the Applicant No.1 Husain and the other co-accused had caught hold of Shabbir and the Applicant No.2 had stabbed Shabbir on his chest by means of a sharp weapon. His testimony further indicates that the Applicant No.1 had given a blow of wooden stick on the head of Didar.
Megha
3/4
10_appa_1457_2015
thus, prima facie corroborates the testimony of PW-1, PW-2, PW-3 the injured witness, PW-4 and PW-5.
(SMT. ANUJA PRABHUDESSAI,J.) (SMT. V.K. TAHILRAMANI,J.)
Megha
4/4
2 issues framed by the court
Whether the applicants, convicted of murder along with a co-accused on bail, are entitled to suspension of sentence and bail pending appeal.
Whether the delay in lodging FIR and lack of proved motive entitle the applicants to bail.
2 provisions across 1 enactments
Husain Maqbul Shaikh
Shakur Rajjak Shaikh
State of Maharashtra
V.K. Tahilramani
Anuja Prabhu Desai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court