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Sonubai Baburao Padwal Vs the State of Maharashtra — Bail and Remand | Bombay HC (2018)

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Sonubai Baburao Padwal Vs the State of MaharashtraSonubai Baburao Padwal v. the State of Maharashtra

Allowed

Sonubai Baburao Padwal v. the State of Maharashtra

Bombay HC5 Jul 2018APPA/287/2018

Case brief

AI extract

What is this about?

In an application for bail during the pendency of an appeal, the court allowed the applicant, a woman serving over 8 years of a sentence, bail on bond after noting she had undergone more than 50% of the term and cited human rights considerations.

What did the court decide?

The applicant shall be released on bail on furnishing PR bond in the sum of Rs.10,000/- with one or more sureties in the like amount.

What the court decided

AI extract

Outcome

The applicant shall be released on bail on furnishing PR bond in the sum of Rs.10,000/- with one or more sureties in the like amount.

Issue for consideration

Whether bail should be granted to the applicant who is a woman serving a life sentence on a life-threatening disease. +2 more

Detailed headnote1 paragraphs

The application was allowed. It was held that the applicant is a woman who has undergone more than 50% of the sentence of 30 years. In the interest of human rights, the application for suspension of sentence and grant of bail was allowed. She was directed to be released on bail on furnishing a PR bond in the sum of Rs.10,000/- with one or more sureties in the like amount.

A compact analysis

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.

A

1 / 2 912-APPA-287-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPLICATION NO.287 OF 2018 IN

CRIMINAL APPEAL NO.370 OF 2012

Smt.Sonubai Baburao Padwal .... Applicant

versus

The State of Maharashtra ... Respondent

Mr.Daulat G. Khamkar, Advocate for the Applicant.

Mrs.M.M. Deshmukh, APP for the State/Respondent.

CORAM : B. R. GAVAI &

SARANG V. KOTWAL, JJ. DATE : 05^th JULY, 2018.

P.C. :

This is an Application for suspension of sentence and

grant of bail during the pendency of the Appeal.

The learned APP Mrs.Deshmukh vehemently opposed

the Application. She submits that earlier two Applications are

rejected by this Court and one of the Applications is rejected by the Bench of which one of us i.e. B.R.Gavai, J., was a party.

Nesarikar

2 / 2 912-APPA-287-18.odt

No doubt the earlier Application of the Applicant was rejected twice. One was rejected by the order dated 09/05/2012 by the Bench, of which one of us i.e. B.R.Gavai, J., was a party. The said Application was filed immediately after the order of conviction. A period of 6 years has been lapsed from the said Application. The Applicant is in custody for a period of 8 years and 7 months.

There are two Dying Declarations which implicate the present Applicant. However, it is to be noted that the Applicant is a woman. She has already undergone more than 50% of the sentence. In that view of the matter, the Application is allowed. The Applicant is directed to be released on bail, on furnishing PR bond in the sum of Rs.10,000/- with one of more sureties in the like amount.

(SARANG V. KOTWAL, J.) (B. R. GAVAI, J.)

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether bail should be granted to the applicant who is a woman serving a life sentence on a life-threatening disease.
2.
Whether the earlier rejection of bail applications bars the grant of bail in the present application.
3.
Whether the principle of primacy of human rights permits the grant of bail despite previous rejections.

Parties & counsel

AI extract

applicant
Smt. Sonubai Baburao Padwal
respondent
The State of Maharashtra

Coram

AI extract

B. R. GAVAI
SARANG V. KOTWAL

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 5 Jul 2018 · July
Registered: 22 Feb 2018
Case no.: APPA/287/2018
CNR: HCBM010089462018
Topic: Bail and Remand
Bench: Sarang Vijaykumar Kotwal B.r. Gavai
Disposal: OTHERS DISPOSED OFF

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Cite this judgement

Sonubai Baburao Padwal v. the State of Maharashtra, APPA/287/2018 (BOM), decided on 5 July 2018.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

B. R. GAVAI and SARANG V. KOTWAL

Parties & counsel