Nandkumar Gangaram Shigvan v. The State of Maharashtra
Case at a glance
- Decided
- 25 Oct 2007
- Bench
- B H MARLAPALLE
Outcome
Bail granted
directed that the applicant be released on bail, if
Provisions considered
Key paragraphs
- Para 33. Hence, the application is allowed and it is directed that the applicant be released on bail, if not required in any other case, pending the appeal on the same terms as before the trial court, but on fresh bonds. :3: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)…
Judgment
Mr. Rakesh Bhatkar for applicant. Mr. A.S. Shitole, APP for State. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : October 25, 2007. Date : October 25, 2007. Date : October 25, 2007. P.C.: P.C.: P.C.:
This is an application for being released on bail during pendency of Criminal Appeal No. 819 of
2007. The applicant-accused has been convicted under Sections 498-A and 306 of IPC and sentenced to suffer RI for two and half years on the second count and for six months on the first count. Mr. Bhatkar the learned counsel for the applicant states that the applicant was on bail during the trial and the fine amount has been deposited. He has also placed before me a copy of the order dated 18/10/2007 passed by the :2: learned Addl. Sessions Judge at Khed and the accused was released on bail by executing PR bond of Rs.15,000/- with one surety in the like amount.
I have gone through the reasoning set out in support of the order of conviction as well as the oral depositions of PW 1 - Balkrishna Shigvan, PW 2 - Arvind Balgude, father of the deceased, PW 3 - Raghunath Baikar, PW 4 - PSI Pravin Shedge, IO and PW 5 - Dr. Pravin Pardesai, Medical Officer on deputation with Sub-Civil Hospital, Dapoli and had treated the deceased on her admission to the said Hospital and I am satisfied that this is a fit case to suspend the order of sentence under Section 389 of Cr.P.C. and release the applicant on bail.
Operative part
Hence, the application is allowed and it is directed that the applicant be released on bail, if not required in any other case, pending the appeal on the same terms as before the trial court, but on fresh bonds. :3: (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: directed that the applicant be released on bail, if
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860; Code of Criminal Procedure, 1973 — s. 389.
Which court decided this case, and when?
Bombay High Court, on 25 Oct 2007. The bench was B H MARLAPALLE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.