Judgment · High Court · 2012
Case at a glance
Outcome
Dismissed
Accordingly, this application is dismissed
Key paragraphs
- Para 44. With the assistance of the learned counsel for the parties, we have perused the findings recorded by the trial court. According to us, a strong prima facie case is made out and therefore, we are not inclined to suspend the substantiative sentence of imprisonment.…
Judgment
Mr.R.M.Daruwala Adv.(appn) for the applicant. Mrs.K.S.Joshi, APP for the respondent. CORAM: P. V. HARDAS AND A. B.CHAUDHARI, JJ. DATED : 6th DECEMBER, 2012.
#1. By this application, the applicant/appellant seeks the suspension of substantiative sentence of the imprisonment and his enlargement on bail pending the decision of the appeal.
#2. The appellant stands convicted by the Trial Court on the allegations that the applicant had committed murder of deceased Malanbai on 8/11/2010. The evidence against the applicant is of circumstantial nature. PW 2 Ramchandra and PW 5 Deepak speak about the presence of the appellant near the field from where dead body of deceased Malanbai was recovered. The report of the Chemical Analyzer indicates that the clothes of the appellant were stained with blood of ‘A’ group which were determined to be the blood group of deceased Malanbai. Ornaments belonging to 2 deceased Malanbai was recovered at the behest of the appellant and have been identified to be the ornaments of the deceased. In the light of the aforesaid circumstances, therefore, Trial Court convicted and sentenced the applicant.
#3. We have heard Shri Daruwala, learned counsel for the applicant and Mrs.K.S.Joshi, learned APP for the respondent.
#4. With the assistance of the learned counsel for the parties, we have perused the findings recorded by the trial court. According to us, a strong prima facie case is made out and therefore, we are not inclined to suspend the substantiative sentence of imprisonment. Additionally, we find that the applicant was not on bail during trial. Accordingly, this application is dismissed.
#5. We, however, quantify the fees payable to Shri Daruwala, learned counsel for the applicant, for arguing this bail application, at Rs.1000/-. JUDGE JUDGE. 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this application is dismissed
Which court decided this case, and when?
Bombay High Court, on 06 Dec 2012. The bench was RDAS, A B CHAUDHARI.
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.