Santaji Keilas Kirdat v. the State of Maharashtra
Case brief
What is this about?
Rejection of suspension of sentence. Court held that evidence established applicant drove bus at high speed, disregarding warnings, making bail inappropriate. Incited by incident details, court distinguished prior cases.
What did the court decide?
Application rejected. Liberty to place private paper book on record. Final hearing expedited.
What the court decided
(903)APEALNo.8392017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1399 OF 2017 IN
CRIMINAL APPEAL NO.839 OF 2017
Santaji Keilas Kirdat ... Applicant V/s. The State of Maharashtra ... Respondent
Mr.Bakul Bhosale, Advocate for the Appellant/Applicant.
Mr.S.V.Gavand, APP for the Respondent/State.
CORAM : A.M.BADAR J.
DATED : 14th DECEMBER 2017.
P.C. :
1 This is an application for suspension of sentence and releasing the applicant/accused on bail during pendency of the appeal filed by him.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to be released on bail pending appeal given the gravity of the offence causing death of 37 passengers.
Whether the applicant can be absolved of culpable homicide not amounting to murder under Section 304 Part II IPC due to lack of direct evidence of driving.
Whether the incident constitutes rash and negligent act rather than gross criminal negligence as argued by the applicant.
Parties & counsel
- applicant
Santaji Keilas Kirdat
- respondent
The State of Maharashtra
Coram
A.M. Badar
Case details
As recorded by the court registry
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