High Court allowed a bail application by a murder convict incarcerated for over five years, suspending his sentence pending the appeal's final disposal, subject to bond and reporting conditions.
Bail granted on P.R. bond of Rs. 25,000 with two sureties; sentence suspended pending appeal disposal.
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.
Digitally signed by NISHA SANDEEP CHITNISDate: 2024.01.11 11:35:56 +0530
NISHA SANDEEP CHITNIS
30-ia.2998.2023.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2998 OF 2023
IN
CRIMINAL APPEAL NO.459 OF 2020
Sunil Laxman Kamadi ...Applicant Versus State of Maharashtra ...Respondent
Mr. Sandeep B. Satkar, for the Applicant. Mr. R. M. Pethe, A.P.P. for the Respondent - State.
CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ. DATE : 8th JANUARY 2024
P.C. :
V. G. Bisht, JJ.) was not inclined to enlarge the applicant on bail. The said order is dated 16th June 2022.
2020 passed by the learned Additional Sessions Judge, Thane, in
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Session Case No. 244 of 2018 has been convicted as under:
— for the offence punishable u/s. 302 of the Indian Penal Code, to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for three months;
— for the offence punishable u/s. 307 of the Indian Penal Code, to suffer rigorous imprisonment for five years and to pay fine of Rs.5,000/-, in default, to suffer further simple imprisonment for three months.
All the substantive sentences were directed to run concurrently.
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Laceration of size 7 cm X 1 cm X scalp deep over left parietal region of scalp, 4 cm above mastoid, 1.5 cm from midline. Margins of the wound were contused and irregular. The cause of death is stated to be ‘Cranio-Cerebral Damage Due to Blunt Trauma to Head which is sufficient to cause death in ordinary course of nature. All injuries were ante mortem in nature, fresh in duration.’
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O R D E R
i) The applicant be enlarged on bail on furnishing P.R. Bond
in the sum of Rs. 25,000/- with one or two sureties in the like amount;
ii) The applicant shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till his Appeal is finally disposed of;
iii) The applicant shall keep the trial Court informed of his current address and mobile contact number and/or change of residence or mobile details, if any, from time to time;
iv) If there are two consecutive defaults in appearing before
the trial Court, the learned Judge shall make a report to the High Court and the prosecution would be at liberty to file an application seeking cancellation of bail.
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accordingly disposed of.
MANJUSHA DESHPANDE, J.
REVATI MOHITE DERE, J.
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2 issues framed by the court
Whether bail can be granted to an applicant convicted of murder who has been in custody for over five years pending an appeal.
Whether the sentence of life imprisonment can be suspended pending the disposal of the criminal appeal.
2 provisions across 1 enactments
Sunil Laxman Kamadi
State of Maharashtra
REVATI MOHITE DERE
MANJUSHA DESHPANDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
