Shankar Gulabrao Dhavral vs State Of Mah. Thr. Pso Ps Karanja ...
2022 Latest Caselaw 7651 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.

                           CRIMINAL APPLICATION NO. 270 OF 2022
                                            IN
                              CRIMINAL APPEAL NO. 213 OF 2022

                                           Shankar Gulbarao Dhavral
                                                      -Vs-
                                             State of Maharashtra.
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. Nitin Khamborkar, counsel for the applicant. Mr.M.J.Khan APP for the State.

                                                                   CORAM : MANISH PITALE AND
                                                                           G.A.SANAP, JJ
                                                                    DATE            : 04.08.2022.

1. By this application, the applicant i.e the appellant is seeking suspension of sentence pending the appeal.

2. In support of contentions raised on behalf of the applicant, deposition of witnesses were placed on record.

3. Learned counsel for the applicant submitted that present case is the case of circumstantial evidence and that there is no eye witness to the incident. It is submitted that the chain of circumstances is not completely proved by the evidence of the prosecution and that the presence of

Kavita 901-appa 270-22.odt

police witnesses appears to be too chancy to support the case of the prosecution.

4. It is further submitted that the applicant has two children, who are now living at the mercy of the relatives.

5. Learned APP has opposed the present application and submitted that the incident took place in the house of the accused and the victim, and in the absence of any cogent explanation on the part of the applicant as to the multiple injuries suffered by the victim (his wife) leading to her death, no case is made out for grant of bail.

6. We have heard the learned counsel for the rival parties. We have perused the findings rendered by the Sessions Court. We have also perused the depositions placed on record.

7. The crucial circumstance in the present case is spot of the incident, which is the house of the appellant and his deceased wife. She suffered as many as 15 injuries and the weapon of assault was also recovered from the spot of the incident. Human blood stains were detected on the weapon of assault. The circumstances on record appear to have been appreciated properly by the Sessions Court while rendering judgment of conviction and imposing

Kavita 901-appa 270-22.odt

sentence on the applicant.

8. We are of the opinion that the applicant has failed to made out the case for grant of bail.

9. Considering that the record and proceedings have been already received, it would be appropriate that the appeal itself is heard in an expeditious manner.

10. In view of above, application is dismissed. However, it is directed that the appeal shall be listed for final hearing expeditiously.

                                       JUDDGE                           JUDGE




Signed By:KAVITA PRAVIN
TAYADE
P. A.

Signing Date:05.08.2022 14:18

Kavita