An applicant convicted under Section 302 read with Section 34 of the Indian Penal Code for causing death sought bail. The High Court rejected the application based on evidence showing the applicant’s direct involvement in the conspiracy and commission of the crime.
Bail application rejected.
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Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLCIATION NO. 547 OF 2017 IN
CRIMINAL APPEAL NO. 275 OF 2017
Khemsing Dhansing Kshetri .. Applicant Vs. State of Maharashtra .. Respondent
Mr.Priyal G.Sarda for the Applicant. Mrs.G.P. Mulekar, APP for State.
CORAM : SMT. V.K.TAHILRAMANI & M.S.KARNIK, JJ.
17th APRIL, 2017
P.C. :
1. Heard both the sides.
convicted under section 302 read with 34 of Indian Penal Code
for causing death of Parshuram. The applicant is now seeking bail.
3. The evidence of P.W.1 - Laxmi who is wife of
deceased Parshuram shows that her husband had taken a loan
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from accused No.1 who is mother of accused No.3. He had not fully repaid the loan. Laxmi has stated that on 14/11/2013 at about 1.00 a.m. the applicant along with accused No.3 who is son of original accused No.1 came to her house. Accused No.3 - Hasan Shaikh stated they have come to take Parshuram who had taken their money. Then applicant and original accused No.3 entered the house of Parshuram and Laxmi. Thereafter the applicant and accused No.3 forcibly took Parshuram out of house. At that time applicant and accused No.3 were holding leather waist belts in their hands when they took Parshuram with them. They took Parshuram to the house of applicant which is near nala. At about 6.00 a.m. Laxmi went to the house of applicant. When she knocked on the door, the applicant opened the door. Laxmi saw her husband was lying on the floor. She tried to awaken her husband, but he did not respond. She saw injury on the face of Parshuram. Blood was coming out from his nose. Laxmi with the help of her brothers-in-law took Parshuram to hospital where doctor declared him dead.
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involvement of applicant in the death of Parshuram. Hence, we are not inclined to grant bail. Application is rejected.
( M.S.KARNIK, J.)
(SMT. V.K.TAHILRAMANI, J.)
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1 issue framed by the court
Whether the applicant, convicted under Section 302 read with Section 34 of IPC for causing death, is entitled to be released on bail.
1 provisions across 1 enactments
Khemsing Dhansing Kshetri
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
