Application for bail was rejected. The court noted that dying declarations specifically named the applicant and attributed overt acts to her, corroborated by other prosecution evidence, negating any case for bail release.
Application for bail stands rejected.
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.
1 Cri.A-2473-16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2473 OF 2016 IN CRIMINAL APPEAL NO. 311 OF 2016
Swati Parmeshwar Gaikwad ...APPLICANT
versus
The State of Maharashtra ...RESPONDENT
Mr. Gajanan Kadam, Advocate for applicant Mr. P. G. Borade, APP for Respondent State
CORAM : S.S. SHINDE AND K.K. SONAWANE, JJ.
DATED : 7th DECEMBER, 2016.
Order :-
2 Cri.A-2473-16
District Osmanabad. Upon receiving the original record and proceedings by the Registry of the court of Sessions Judge, Omerga, District Osmanabad, the Registry of concerned Court shall prepare the paperbook and send it back along with original record and proceedings, as expeditiously as possible, and preferably within three months from receipt of the original record and proceedings.
Sd/Sd/-
[ K. K. SONAWANE, J. ] [ S.S. SHINDE, J.]
3 issues framed by the court
Whether bail should be granted to the applicant given corroboration of specific overt acts in dying declarations.
Whether the evidence justifies rejection of bail in a pending criminal appeal.
What procedure to follow for remitting the record to the Sessions Court for preparation of the paperbook.
Swati Parmeshwar Gaikwad
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
