High Court of Bombay allowed bail to an accused charged with the murder of his wife by burning, where conflicting statements about self-immolation versus assault created reasonable doubt.
Enlarged on bail by furnishing R.P. bond of Rs.20,000/- with sureties and complying with conditions to pressurize witnesses or leave India.
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.
Prod5.BA56_2017.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION No. 56 OF 2017
Dhananjay Dagadu Devkar Vs. The State of Maharashtra
... Applicant
... Respondent
Mr. Ritesh Thobde, Advocate for the Applicant. Mr. S.H. Yadav, APP for Respondent – State.
Mr. Annasaheb B. Gholap, P.I., Karmala Police Station, District Solapur present.
CORAM: MRS.MRIDULA BHATKAR, J. DATE: 30th January, 2017.
P.C.:
facing prosecution for the offence of murder of his wife punishable under section 302 and sections 307 and 506 of the Indian Penal Code in C.R. No. 455 of 2016 with Karmala Police Station, Solapur. Puja Dhananjay Devkar, wife of the applicant/accused has given dying declaration/complaint on 21st September, 2016.
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Prod5.BA56_2017.doc
and abuse her. On the night intervening 20th September and 21st September at 3.30 a.m. her husband poured kerosene on her and set her on fire. She got burnt and shouted for help. So, the persons from adjacent houses helped her to extinguish the fire and she was shifted to the hospital. She was conscious. She gave information to the police. Immediately, the applicant was arrested on 22nd September, 2016 and since then he is in prison. Hence, this Bail Application.
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Prod5.BA56_2017.doc
applicant/accused has no criminal antecedents. The learned counsel submitted that applicant/accused is inside the prison since then and hence he be released on bail.
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Prod5.BA56_2017.doc
the applicant/accused and deceased have son of 2 ½ years old. The charge-sheet is filed. Under such circumstances, I am inclined to grant bail to the applicant/accused on the following terms and conditions:
O R D E R
(MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether bail should be granted to the applicant accused facing charges of murder by burning.
Whether the conflict between the dying declaration and landlord/landlady statements creates sufficient prima facie doubt to grant bail.
2 provisions across 2 enactments
Dhananjay Dagadu Devkar
The State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
