Hanshraj @ Haresh Babulal Gajara vs The State Of Maharashtra
2022 Latest Caselaw 7662 Bom

CAJ                                                               13- Ia-850-2019.odt



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                            CRIMINAL APPELLATE JURISDICTION

                         INTERIM APPLICATION NO. 850 OF 2019
                                         IN
                           CRIMINAL APPEAL NO. 1746 OF 2019

Hanshraj @ Haresh Babulal Gajara                              ... Applicant

      V/s.
The State Of Maharashtra                                      ... Respondent

Mr. Kishor D. Walanju Appointed Advocate for Applicant.
Mr. H. J. Dedhia APP, for Respondent-State.

                                          CORAM : A.S. GADKARI AND
                                                  MILIND N. JADHAV, JJ.

                                          DATE    : 4th AUGUST 2022.
P.C. :

1. This is an Application for suspension of sentence and releasing

the Applicant on bail.

2. Applicant has been convicted under Sections 302, 307 and 201 of

the Indian Penal Code (for short "the IPC") and sentenced to suffer rigorous

imprisonment for life by the learned Additional Sessions Judge, Raigad-Alibag

in Sessions Case No. 9 of 2014 by its Judgment and Order dated 13 th June

2019.

3. Present case is based on occular evidence. Rushabh Gajara

(P.W.6) is a son of Applicant. Perusal of his evidence prima-facie indicates

that, Applicant in a pre meditated manner committed murder of his wife i.e.

mother of Rushabh Gajara (P.W.6). At the time of alleged incident, when

CAJ 13- Ia-850-2019.odt

Rushabh Gajara (P.W.6) tried to save his mother, the Applicant also inflicted

blows of knife on the neck of Rushabh Gajara (P.W.6). The evidence of eye

witness prima-facie appears to be a reliable and trustworthy.

4. In view of the above, we are not inclined to release the Applicant

on bail.

Application is accordingly rejected.

[MILIND N. JADHAV, J.]                                             [A.S. GADKARI, J.]