SHAIKH KASAM LAL v. THE STATE OF MAH & Anr.
Case at a glance
- Decided
- 09 Apr 2012
- Bench
- K U CHANDIWAL
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 143, 147, 302, 364, 365
Judgment
SHAIKH KASAM LAL VERSUS THE STATE OF MAH AND ANR ... Advocate for Applicant :Mr. Gaware Niteen V. APP for Respondents: Mr.R.P.Phatke Patil. ... CORAM : K.U. CHANDIWAL, J. Dated: April 09, 2012 ... PER COURT :-
Heard. Discretion in terms of Section 438 of Cr.P.C., in Crime No.283/2010, for an offense under Sections 302, 143, 147, 364, 365, read with Section 34 of IPC registered at Kotwali Police Station, dist. Ahmednagar, is sought.
The principal thrust of submission from Mr.Gaware is, Smt. Sangita, star witness, complainant's mother, did not implicate other accused persons. Consequently, that yielded acquittal. This will not mitigate to exercise powers under Section 438 Cr.P.C. The record illustrate, accused successfully eluded the process and remained absent, ensured filing of chargesheet for others and to face trial. He was shown absconding in the charge sheet. Evidence in Sessions case at this stage of matter is inconsequential. No situation to entertain pre-arrest bail. Application lacks merit, dismissed. ( K.U. CHANDIWAL, J. ) ... agp/-
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 34, 143, 147, 302, 364, 365.
Which court decided this case, and when?
Bombay High Court, on 09 Apr 2012. The bench was K U CHANDIWAL.
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.