The Bombay High Court rejected bail for an applicant convicted of murder by burning and dismissed a prayer to expedite his pending criminal appeal.
Prayer for bail was rejected; prayer for expedited hearing of appeal was 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.
jdk 1 4.cr.appa.199.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 199 OF 2017 IN CRI. APPEAL NO. 431 OF 2016
Ambadas Chandrakant Aaretla .. Applicant
Vs.
The State of Maharashtra .. Respondent
Mrs. Nasreen S.K. Ayubi Advocate appointed for the Applicant Mr. H.J. Dedia A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND REVATI MOHITE DERE, JJ.
DATED : FEBRUARY 16, 2017
P.C.:
1 Heard both sides.
2 The applicant has been convicted under Section 302 of IPC for causing the death of his wife Pushpa. The applicant is now seeking bail.
3 It is the prosecution case that the applicant poured
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jdk 2 4.cr.appa.199.17.doc
kerosene on his wife and set her on fire. There are two dying declarations on record, one is to PW 1 Special Executive Magistrate Ramesh Hirekerur and other dying declaration to PW 9 Police Head Constable Tanksale. In both the dying declarations, Pushpa has stated that her husband poured kerosene on her and set her on fire.
4 In addition to the above, the conduct of the applicant militates against his innocence. PW 3 Shirisha is the daughter of the appellant and the deceased. She has stated that her father was not doing any work and he was demanding money from her mother (Pushpa) and he also used to beat her. Shirisha has further stated that on the day of incident, she heard noise. She got smell of kerosene. She noticed that her mother was burning. Shirisha attempted to pour water from water pitcher on her mother. Her father (appellant) removed water pitcher from her hand. He also did not allow her to extinguish the fire. Her father held her and her brother Rajesh and took them out of the house. Thereafter he latched the
door from outside and fled from the spot. Shirisha removed the latch and then she and her brother Rajesh extinguished
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the fire by pouring water on her mother. Looking to the evidence on record, we are not inclined to grant bail to the applicant, hence, prayer for bail is rejected.
5 The second prayer of the applicant is that hearing of the appeal may be expedited. This appeal is of the year 2016. At present, appeals of the year 2011 are going on. The incident in the present case is of the year 2014. The incidents in the appeals of the year 2011, are of the year 2008-2009. Looking to the fact that the accused therein have been in custody for a much longer period of time, we are not inclined to expedite hearing of the appeal. Accordingly, the second prayer is also rejected.
6 Thus, the application is rejected. Office to
communicate this order to the applicant who is in Kolhapur Central Prison.
[ REVATI MOHITE DERE, J. ] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
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2 issues framed by the court
Whether bail should be granted to an applicant convicted under Section 302 IPC for causing death of wife by burning.
Whether hearing of the pending appeal should be expedited given its age relative to other pending appeals.
1 provisions across 1 enactments
Ambadas Chandrakant Aaretla
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
