Ganesh S/O Somaji Pithale v. State of Maharashtra, Thr. P.S.O. P.S. Gadchiroli
Case brief
What is this about?
In a bail application seeking suspension of sentence, the High Court declined to release the appellant by stating that the material showed no lack of evidence and the appeal was expedited.
What the court decided
Order
0812appa462.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPA) NO. 462/2016 IN CRIMINAL APPEAL NO. 256/2016.
Ganesh Somaji Pithale - VERSUS-
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 & KUM. INDIRA JAIN, JJ.
DATE : DECEMBER 08, 2016.
Heard Shri S.V. Sirpurkar, learned Counsel for the applicant/appellant and Shri T.A. Mirza, learned A.P.P. for respondent – State. 2. Prayer is to release the applicant on bail by suspending his sentence. Effort of learned counsel for the applicant is to demonstrate that there is no clinching evidence of last seen, as also on motive. The trial Court has only relied upon the circumstances of recovery of weapons and blood stained clothes.The said recovery is doubtful because police had found a knife at spot and on it as per C.A. report blood stains are detected. Under Section 27, a knife is recovered from residence of accused, but, it does not carry any
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail by suspension of sentence.
Whether the evidence regarding recovery of weapons and bloodstained clothes constitutes clinching material.
Whether the delay in completion of trial falls within the exception to apply Section 439(2) CrPC.
Parties & counsel
- appellant
Ganesh Somaji Pithale
- respondent
State of Maharashtra
Coram
B.P. Dharmadhikari
Case details
As recorded by the court registry
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