High Court Criminal Bench rejected bail application for applicant convicted of murder. Court held consistent eye-witness evidence necessitated rejection of bail pending appeal under section 302 IPC.
Application for bail pending appeal was rejected. Applicant is to remain in custody.
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.622.2016_901.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.622 OF 2016 IN CRIMINAL APPEAL NO.465 OF 2016
Machhinda Haridas Sakhare
... Applicant
Vs.
The State of Maharashtra ... Respondent
Mr.Abhaykumar Apte, advocate appointed for the Applicant Mr.H.J. Dedia, APP, Respondent - State
CORAM: SMT. V.K. TAHILRAMANI & MRS.MRIDULA BHATKAR, JJ.
DATE: AUGUST 2, 2016
ORAL ORDER (PER MRS.MRIDULA BHATKAR, J.):
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appa.622.2016_901.doc
(MRIDULA BHATKAR, J.) (V.K. TAHILRAMANI, J.)
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2 issues framed by the court
Whether bail should be granted to the applicant accused convicted under section 302 r/w section 34 IPC pending appeal.
Whether the inconsistency in eye-witness identification relieves the court from granting bail in a grave offence case.
Machhinda Haridas Sakhare
The State of Maharashtra
V.K. Tahilramani
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
