Dismissed

Sitabai W/O Narayan Dahe v. the State of Maharashtra

Bombay HC3 Oct 2016APPLN/3193/2016

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay (Bench at Aurangabad) disposed of a criminal application filed by Sitabai w/o. Narayan Dahe seeking bail during the pendency of her criminal appeal. The court found the trial court's findings sustainable and rejected the bail application.

What did the court decide?

Application for bail during pendency of appeal rejected; Record sent back to Sessions Court.

Sitabai W/O Narayan Dahe Vs the State of Maharashtra — Bail and Remand | Bombay HC (2016)

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1 36-crappln3193.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.3193 OF 2016
IN

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CRIMINAL APPEAL NO.375 OF 2016

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Sitabai w/o. Narayan Dahe

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..Applicant

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Vs.

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The State of Maharashtra

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..Respondent

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Mr.Y.B.Bolkar, Advocate i/b. Mr.A.S.Radikar,
Advocate for Applicant

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Mr.A.R.Borulkar, APP for respondent

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Mr.A.L.Kanade, Advocate assisting the A.P.P.

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CORAM : S.S. SHINDE AND
SANGITRAO S. PATIL, JJ.
DATE : OCTOBER 03, 2016

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PER COURT :

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Heard.

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2.This application is filed by the

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applicant for grant of bail during pendency of the
appeal.

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3.The learned Counsel for the applicant

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submits that the prosecution has utterly failed to

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2 36-crappln3193.odt

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prove the case by establishing the chain of

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circumstances. There is no evidence that the
applicant was last seen together with the

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deceased. The other circumstances relied upon by

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the prosecution do not attribute any role to the

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applicant, who is original accused no.2. The
learned Counsel, therefore, submits that the

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application may be allowed and the applicant may
be released on bail during pendency of the appeal.

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4.On the other hand, the learned A.P.P.

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invites our attention to the notes of evidence. He

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submits that Balnath (PW 11), on the previous day

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of the day of the incident, had received a phone

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call from the applicant that the deceased was

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troubling the applicant and in case, the deceased

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is not controlled by Balnath (PW 11) - uncle of

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the deceased, he will be killed. He further

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submits that Karbhari (PW 9) saw accused no.1 and
another unknown person while carrying the dead

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3 36-crappln3193.odt

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body in a gunny bag on the day of the incident and

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on the next day, the dead body was recovered. He
further submits that the applicant was not on bail
during the trial.

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5.We have heard the learned Counsel

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appearing for the applicant and the learned A.P.P.
for the respondent. We have perused the Record and
Proceedings and in particular, the evidence of
Karbhari (PW 9) and Balnath (PW 11), so also the
evidence in the nature of the C.D.R. There is

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discovery of the incrementing articles at the
instance of the accused. The findings recorded by
the trial Court are sustainable.

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6.In our view, therefore, no case is made

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out. The application stands rejected.

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7.Registry to send back the Record and
Proceedings to the Sessions Court. Upon receipt of

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4 36-crappln3193.odt

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the Record and Proceedings, the Sessions Court to

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prepare Paper Book and send it to this Court along
with the Record and proceedings, as expeditiously
as possible, however, within a period of three
months from the date of receipt of the Record and
Proceedings.

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8.Liberty to mention for early hearing of

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the appeal upon receipt of the Paper Book.

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[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.]

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kbp

Sitabai W/O Narayan Dahe v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sitabai W/O Narayan Dahe v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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