Single judge allowed bail application of an accused convicted of murder under Section 302 IPC and sentenced to life imprisonment, noting a long prison term and lack of future appeal hearing prospects.
Bail allowed on furnishing Rs.50,000 bond with sureties, monthly police attendance, and restrictions on travel.
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.
Sherla V.
appa.584.2016_5.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.584 OF 2016 IN CRIMINAL APPEAL NO.35 OF 2015
Shri Gorakshanath @ Balasaheb Jayawantrao Jagtap ... Applicant
Vs.
The State of Maharashtra
... Respondent
Mr.Rajiv Patil, Sr.Adv. a/w Hrishikesh Giri i/b P.M. Patil for the Applicant Mr.H.J. Dedia, APP, for Respondent - State
CORAM: SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.
DATE: SEPTEMBER 14, 2016
ORAL ORDER (PER MRS.BHATKAR, J.):
1 / 3
appa.584.2016_5.doc
Subhash Dagadu Jagtap, who was an eye witness to the incident of actual assault. He relied on the evidence of PW5 Amol Balvant Shinde, who performed post-mortem on the body of Machindra and has observed multiple injuries. He submitted that the injuries were caused due to stones and there is neither any stab nor any chop wound. The applicant-accused was not carrying any weapon. The eye witness PW4 Subhash Dagadu Jagtap also did not describe any sharp edged weapon used by the applicant-accused except the stones. He submitted that there was quarrel between the two brothers and the incident had happened. He submitted that the applicant-accused has no criminal record and it is not a case falling under section 302 of the Indian Penal Code. The case in fact is to be covered under section 304 part 1 or part 2.
2 / 3
appa.584.2016_5.doc
dispute between the two brothers i.e., the accused and the deceased pertaining to construction on a joint land. The quarrel took place and was going on, which led to the fight between the two brothers wherein the applicant/accused had assaulted the deceased with stones and some weapon. Considering the submissions of the learned Senior Counsel and the evidence of the relevant witnesses and the period of imprisonment so also as there is no possibility of hearing this Appeal in near future, we are inclined to allow this application.
i) The applicant shall be released on bail upon furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one or two solvent sureties in the like amount;
ii) The applicant shall attend the concerned police station on the first day of every month between 11am to 2pm;
iii) The applicant shall not abscond or leave India without prior permission of the Court and furnish his permanent address to the Investigating Officer alongwith documentary proof of his address.
(MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.)
3 / 3
1 issue framed by the court
Whether bail should be granted to an applicant accused convicted of murder pending appeal.
1 provisions across 1 enactments
Sherla V. appa @ Balasaheb Jayawantrao Jagtap
The State of Maharashtra
V.K. Tahilramani
Mridul Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
