This court disposed of a bail application by an accused convicted under IPC 302 for murder. The court cited independent eye witness testimony and a dying declaration to reject the bail plea, declining to grant release.
Application for bail 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.
1b cri appa 110-17.doc
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 110 OF 2017 IN CRIMINAL APPEAL NO. 112 OF 2017
Natha Rama Shinde
Versus
The State of Maharashtra
.. Respondent
Appearances
Ms. Rohini M. Dandekar Advocate (appointed) for the Applicant Mr. H.J. Dedia APP for the State
CORAM : SMT. V.K. TAHILRAMANI & REVATI MOHITE DERE, JJ.
DATE : FEBRUARY 8, 2017.
ORAL ORDER [PER SMT. V.K. TAHILRAMANI, J.] :
convicted under Section 302 r/w 34 of IPC. The applicant is
now seeking bail.
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1b cri appa 110-17.doc
other accused assaulted Shankar with knives. Shankar sustained four stab wounds and multiple incised wounds. The fact that the applicant with other accused assaulted Shankar is brought out in the evidence of PW 2 Tatya Chougule and PW 4 Vyankoji Pawar who are the eye witnesses. In addition, it is seen that Shankar made oral dying declaration to PW 1 Nana Hake and PW 11 Suraj Hake. Both Nana and Suraj were not related either to the applicant or the deceased. They are independent witnesses. Thus, the evidence on record clearly shows that the applicant along with other accused caused multiple injuries with knives to Shankar due to which Shankar died.
to grant bail to the applicant, hence, the application for bail is rejected.
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1b cri appa 110-17.doc
quantified at Rs. 2500/-.
[ REVATI MOHITE DERE, J. ] [ SMT. V.K. TAHILRAMANI, J. ]
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2 issues framed by the court
Whether bail should be granted to an accused convicted under Section 302 r/w 34 IPC who is an abettor.
Whether the evidence of independent eye witnesses and dying declaration precludes bail in a murder case.
1 provisions across 1 enactments
Natha Rama Shinde
The State of Maharashtra
V.K. Tahilramani
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
