Bail application by a man prosecuted under Section 302 IPC for murdering his wife. The court found a prima facie case on the FIR statement and postmortem report and dismissed bail, but noted prolonged incarceration with no trial progress and directed completion of trial within one year, with liberty to renew the bail prayer thereafter.
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bipin prithiani
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901-ba-2253.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2253 OF 2024
… Sandeep Vishwanath Sharma Applicant Versus The State of Maharashtra … Respondent
Mr. Bhagyesh R. Patil a/w Maruti S. Sarkar for the Applicant. Ms. Megha S. Bajoria, APP for Respondent-State. Mr. B. R. Darade, PSI, Vitthalwadi Police Station.
CORAM: MANISH PITALE, J. DATE : 13th DECEMBER 2024
P.C. :
. Heard learned counsel for the applicant and learned APP for the respondent-State.
bipin prithiani
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901-ba-2253.24.doc
of the documents on record would show that there is discrepancy between the statement of the informant, leading to registration of the FIR, and her statement recorded under Section 164 of the Code of Criminal Procedure, 1973 (Cr.P.C.). It is submitted that there is substantial improvement in the statement recorded under Section 164 of the Cr.P.C.
bipin prithiani
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901-ba-2253.24.doc
a prima facie case made out against the applicant. Reliance placed on the initial injury certificate can be of no consequence at this stage, for the reason that the postmortem report clearly records the nature of injuries suffered on the head of the victim, which corelate with the nature of attack described by the informant/eyewitness. Hence, no case is made out on merits.
MANISH PITALE, J.
BIPIN DHARMENDERPRITHIANI Digitally signed by BIPINDHARMENDER PRITHIANIDate: 2024.12.14 10:44:08 +0530
1 issue framed by the court
Whether the applicant charged under Section 302 IPC for his wife's murder should be enlarged on bail given discrepancies in the eyewitness's statements and over 5 years 11 months of incarceration.
2 provisions across 2 enactments
Sandeep Vishwanath Sharma
The State of Maharashtra
Manish Pitale
As recorded by the court registry
12 orders share this CNR
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