Allowed

Deepak @ Munna S/O. Balakdas Gile v. State of Mah. Thr. Pso, Ps Hudkeshwar, Kotwali, Dist. Nagpur.

Bombay HC3 Oct 2023APPA/984/2023

Case brief

AI extract

What is this about?

In a criminal application, the High Court allowed suspension of life sentence and release on bail pending appeal where conviction relied solely on a suspiciously recorded Dying declaration. The court found procedural flaws in the dying declaration recording.

What did the court decide?

The execution of the life sentence shall stand suspended until the final disposal of the appeal. The applicant is released on bail on furnishing an Rs. 50,000 bond with one solvent surety.

Deepak @ Munna S/O. Balakdas Gile Vs State of Mah. Thr. Pso… — Bail and Remand | Bombay HC (2023)

¶1

1 5.appa.984.2023

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶3

CRIMINAL APPLICATION NO.984 OF 2023 IN C RIMINAL APPEAL NO. 605 OF 2023

¶4

Deepak @ Munna Balakdas Gile (in jail)

..vs..

State of Maharashtra

Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

¶9

¶10

Shri R.M. Daga, Advocate for the applicant. Shri Khan, Addl. P.P. for the non-applicant/State.

¶11

CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, J J. DATED : 03/10/2023.

¶12

Heard.

¶13

This is an application for seeking suspension of execution of sentence passed in Sessions Trial No.519 of 2018, whereby the applicant was convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life.

¶14

Learned Counsel appearing for the applicant would submit that since last five years and three months, the applicant is in jail. Learned Trial Judge has not appreciated the evidence in proper perspective. It is pointed out that though the prosecution has examined PW1, PW4 and PW5 as eye-witnesses, however they did not support the prosecution case. It is argued that Dying Declaration is the sole basis for conviction, which is not free from suspicion. It is submitted that seizure of blood stained knife is the circumstance, which always act as a corroborative piece of evidence, and therefore, there is no sufficient material to convict the applicant.

¶15

2 5.appa.984.2023

¶16

Per contra, learned Addl. Public Prosecutor appearing for the respondent/State resisted this application by contending that the Dying Declaration ascribes a specific role to the applicant about repeatedly inflicting the knife blows on the deceased. It is submitted that the Medical Officer has examined mental fitness of the patient for which Dying Declaration bears an endorsement. Moreover, blood group of the deceased was found on the seized knife as well as on cloths of the deceased, and thus, conviction is well founded.

¶17

Concededly, the conviction is solely based on the evidence of Dying Declaration coupled with seizure of knife and blood stained cloths from the accused. The law in this regard is well settled that, if the Court is basing conviction on Dying Declaration, then it should inspire full confidence of the Court. It is brought to our notice that though the deceased was survived for 35 days from the incident, however no endeavor was made to record the Dying Declaration through the Executive Magistrate. Submission needs consideration that the Doctor has not stated that before recording the Dying Declaration, he has examined the patient and there is no such an endorsement on Dying Declaration. Our attention has also been invited to the aspect that the Doctor’s endorsement in the bottom, is like it has been made by somebody. The said endorsement precisely runs as below :

¶18

“Statement of Patient Mr. Chandrashekhar Yadav recorded in the presence of Dr.R.G.

¶19

3 5.appa.984.2023

¶20

Chandak.”

¶21

So far as the seizure of knife and blood stained cloths are concerned, it always act as a corroborative piece of evidence and not a substantive one. Therefore, we are convinced that the arguable case is made out.

¶22

Having regard to the said aspect, coupled with the fact that the accused is in jail for more than five years, we are inclined to suspend the execution of sentence. If the appellant succeeds in the appeal, the position would become irreversible. In view of that following order is passed :

¶23

(a) The application is allowed.

¶24

(b) The execution of substantive sentence passed in Sessions Trial No.519 of 2018 by the Additional Sessions Judge-3, Nagpur shall stands suspended till the final disposal of the appeal.

¶25

(c) The applicant/accused Deepak @ Munna Balakdas Gile is hereby released on bail on his furnishing P.R. bond of Rs.50,000/- with one solvent surety in the like amount.

¶26

The application stands disposed of accordingly.

¶27

(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)

¶28

Trupti

Deepak @ Munna S/O. Balakdas Gile v. State of Mah. Thr. Pso, Ps Hudkeshwar, Kotwali, Dist. Nagpur.

Case brief

What is this about?

What did the court decide?

Deepak @ Munna S/O. Balakdas Gile v. State of Mah. Thr. Pso, Ps Hudkeshwar, Kotwali, Dist. Nagpur.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Govind S/O. Banduji Tulsewar Vs the State of Mah. Home Dept. (Spl.) Thr. Its Section Officer Mantralaya, MUMBAI-32 and Another

Dr. Purneshwar Pund S/O Mohanrao Pund Vs Sushma Purneshwar Pund

Harish @ Roshan Bhaskar Karnewar Vs Ms Leelavati @ Reena W/O Roshan Bhaskar

Sarla Makhan Gupta (Mother of the Detenue) Vs the Dist. Magistrate Chandrapur and Others

Yogesh Natthuji Uikey (C-4866(151)) Vs Superintendent of Jail, Central Prison, Amravati and Another.

Indal S/O. Sawairam Jadhav Vs the State of Mah. Thr. the Secretary, Home Dept. Mantralaya Mumbai and Others