High Court of Judicature at Bombay (Bench at Aurangabad) disposed of Criminal Application No. 2392 of 2016. The applicant challenged the rejection of his bail application arguing accidental death. The court found trial court findings sustainable and rejected the bail application without entertaining the plea.
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.
cra2392.16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2392 OF 2016 IN
CRIMINAL APPEAL NO.283 OF 2016
Maroti s/o Gangaram Wakde,
Age-40 years, Occu:Agril.,
R/o-Balegaon, Tq-Degloor,
Dist-Nanded.
...APPLICANT
VERSUS
The State of Maharashtra,
Through Police Station, Degloor,
Tq-Degloor, Dist-Nanded.
...RESPONDENT
...
Mr. Ram S. Shinde Advocate for Applicant.
Mr. A.A. Jagatkar, A.P.P. for Respondent.
...
CORAM: S.S. SHINDE AND
K.K. SONAWANE, JJ.
DATE : 17TH NOVEMBER, 2016
ORDER :
1.Heard learned counsel appearing for the
Applicant and learned A.P.P. appearing for the
State.
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2.The learned counsel appearing for the
Applicant submits that the witnesses who have
witnessed the incident, have not supported the
prosecution case. He further submits that it was
accidental death, as while cooking food on stove
it was burst and the deceased received burn
injuries and therefore benefit of doubt ought to
have been given to the Applicant.
3.On the other hand, learned A.P.P.
appearing for the State, relying on the findings
recorded by the trial Court and in particular
dying declarations and evidence of the police
officer and Executive Magistrate, submits that in
both the dying declarations there is consistent
version that Applicant came at 10.00 a.m. in the
house under the influence of liquor and after
pouring kerosene on the person of the deceased,
set her ablaze and therefore this Court may not
entertain the Application filed by the Applicant
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for releasing on bail.
4.Upon hearing the learned counsel for the
Applicant and learned A.P.P. and upon perusal of
the findings recorded by the trial Court in the
light of notes of evidence and in particular
contents of both the dying declarations, we are of
the opinion that findings recorded by the trial
Court are prima facie sustainable. We do not wish
to elaborate on the evidence, as the Appeal filed
by the Applicant is pending. For the reasons afore
mentioned, the Criminal Application stands
rejected.
5.The Registry of this Court shall send
original Record and Proceedings to the Registry of
Additional Sessions Judge, Biloli. Upon receiving
the original Record and Proceedings by the
Registry of the Additional Sessions Judge, Biloli,
the Registry of concerned Court shall prepare the
Paper Book and send it back along with original
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Record and Proceedings, as expeditiously as
possible, and preferably within four months from
receipt of the original Record and Proceedings.
6.Upon receiving original Record and
Proceedings with Paper-Book by the Registry of
this Court, liberty to mention for early hearing
of the Appeal.
[K.K. SONAWANE, J.] [S.S. SHINDE, J.]
asb/NOV16
3 issues framed by the court
Whether the Criminal Application filed by the Applicant for bail should be entertained.
Whether benefit of doubt should be given to the Applicant regarding the accidental nature of the death.
Whether the findings of the trial Court regarding the prosecution case are sustainable for bail purposes.
Maroti s/o Gangaram Wakde
The State of Maharashtra
S.S. SHINDE
K.K. SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court