Babusing Shankarsing Pawar v. the State of Maharashtra
Case brief
What is this about?
Single Judge rejected bail for an elderly applicant charged with murder, holding that his facilitation of the fatal attack by his mentally challenged son negates any leniency based on that mental condition, though an application for speedy trial is allowed due to his age.
What did the court decide?
Bail application rejected. Liberty granted to seek speedier trial from Trial Court due to applicant's advanced age.
What the court decided
ba-1214-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
BAIL APPLICATION NO.1214 OF 2021 WITH APPLN/2549/2021 IN BA/1214/2021
BABUSING S/O SHANKARSING PAWAR
VERSUS THE STATE OF MAHARASHTRA
Mr. P. P. More, Advocate for the applicant. Mr. N. T. Bhagat, APP for the respondent – State. Mr. A. R. Lukhe, Advocate for the original informant.
CORAM : SMT. VIBHA KANKANWADI, J. DATE : 09.12.2021
ORDER :-
. Criminal Application No.2549 of 2021 filed by the original informant seeking permission to assist public prosecutor is hereby allowed and disposed of.
- Present applicant has been arrested by Ghansawangi Police Station, Dist. Jalna in connection with Crime No.224 of 2021 for the offences punishable under Sections 302, 34 of Indian Penal Code.
- Heard learned Advocate Mr. P. P. More for the applicant and learned APP Mr. N. T. Bhagat for the respondent – State well assisted by learned Advocate Mr. A. R. Lukhe for the original informant. In order to
Issues for consideration
3 issues framed by the court
Whether bail should be granted to an elderly applicant alleged to have facilitated a fatal blade attack by his mentally challenged son.
Whether the applicant can claim benefit of his son's mental condition given evidence of his active participation in holding the victim.
Whether the applicant's age alone warrants remission from strict bail requirements in a murder case.
Parties & counsel
- applicant
BABUSING S/O SHANKARSING PAWAR
- respondent
THE STATE OF MAHARASHTRA
Coram
VIBHA KANKANWADI
Case details
As recorded by the court registry
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