Criminal Application challenging the denial of bail in a murder case was dismissed. The High Court held that prima facie the prosecution case was established regarding the last seen link, the chain of circumstances remained intact, and the application was premature.
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.
APPA 343-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 343 OF 2018 IN
CRIMINAL APPEAL NO. 217 OF 2018
Shendya @ Mangesh Subhash Malche .. Applicant V/s The State of Maharashtra .. Respondent
Mr. Umesh Nikam for the appellant. Mr. J.P. Yagnik, APP for the State.
CORAM: S.C. DHARMADHIKARI &
PRAKASH D. NAIK, JJ.
DATE : 5TH APRIL 2018
P.C.:
We have heard Mr. Nikam for the applicant. With his assistance, we have perused the application, the annexures thereto and the judgment of the Trial Court.
1 of 4
ABS
APPA 343-2018
applicant-accused and that too after consuming liquor. In such circumstances, it is urged that based on the deposition of this witness as also PW No.4 – Govinda Bakaram Sonawane, the charge could not have been proved. Eventually, these are coolies / labourers working at Satana Market. Shri Narayan Datta Rahate, the deceased, was not working at Satana Market nor was PW No.4 in the company of the present applicant prior to the incident. In the circumstances, on their version or what is narrated to them, the prosecution could not have established the charge.
2 of 4
ABS
APPA 343-2018
applicant on bail where the applicant is in custody for more than 4 years.
3 of 4
ABS
APPA 343-2018
daughter and asked her to prepare tea for both of them, but the present applicant-accused thereupon asked the deceased to reach him to the road or rather see him off. Both of them left the house. However, the deceased did not return back. It is in these circumstances together with the deposition of other labourers that the learned Judge infers that it was the applicant-accused in whose company the deceased was last seen. There was, therefore, a likelihood of their indulging in a fight and particularly under the influence of liquor. That apart, the incident took place away from Satana Market. It also took place away from the home of the deceased. The applicant-accused is supposed to have assaulted the deceased with a stone after felling him down. The stone was recovered and with blood stains on the same. It is in these circumstances that we are not inclined to presently hold that the prosecution case is weak and has not been established and proved. All the witnesses were not consistent in their version or rather only tutored. Prima facie, this is not the stage to record such a conclusive opinion.
(PRAKASH D. NAIK, J.) (S.C. DHARMADHIKARI, J.)
4 of 4
ABS
2 issues framed by the court
Whether the application for bail in a murder charge should be allowed given the inconsistencies in prosecution evidence and the duration of custody.
Whether the prosecution witnesses are consistent enough to establish the charge despite contradictory depositions.
Shendya @ Mangesh Subhash Malche
The State of Maharashtra
S.C. DHARMADHIKARI
PRAKASH D. NAIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
