In a criminal application for bail, the High Court of Bombay rejected the application of an applicant convicted under Section 302 IPC. The court held that given two eye-witnesses, the applicant's apprehension of death, and the seriousness of the offence, the case was not fit for bail.
Application for bail rejected; applicant remains in custody.
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 11.cr.appa.452.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 452 OF 2017 IN
CRI. APPEAL NO. 147 OF 2017
Ajay Ram Pandit
.. Applicant
Vs.
The State of Maharashtra Through Wanvadi Police Station (CR No. 202 of 2011)
.. Respondent
Mrs. Nasreen S.K. Ayubi Advocate appointed for Applicant Mr. H.J. Dedia A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND M.S.KARNIK, JJ.
DATED : APRIL 06, 2017
ORAL ORDER [PER SMT. V.K.TAHILRAMANI,J.]:
committed the murder of a person on 3.9.2011 at about 4.30 p.m.
1 of 2
jdk 2 11.cr.appa.452.17.doc
Sukhdeo. Both of them have stated that the applicant assaulted the said person with an iron angle. The person fell down. By the time police reached the spot, the person was dead. The evidence on record shows that the applicant was caught on the spot by PW 4 Nitin and PW 5 Sukhdeo. Looking to all the above facts, we do not find that this is a fit case to
grant bail, hence, application is rejected.
[ M.S.KARNIK, J. ] [ SMT.V.K.TAHILRAMANI, J.]
kandarkar
2 of 2
2 issues framed by the court
Whether the applicant, convicted under Section 302 IPC with two eye-witnesses and evidence of apprehension of death, is fit for bail.
Whether the circumstances of the murder case justify the grant of bail under theعدالة و mercy clauses.
1 provisions across 1 enactments
Ajay Ram Pandit
The State of Maharashtra
V.K.Tahilramani
M.S.Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
