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Bombay High CourtAPPA/260/2017others disposed off

Manisha Vitthal Yerudkar v. The State Of Maharashtra

2017-02-28Hon'Ble Justice Revati Mohite Dere,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

appa.260.17.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 260 OF 2017 IN CRIMINAL APPEAL (STAMP) NO. 149 OF 2017 (THROUGH JAIL) Manisha Vitthal Yerudkar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Abhay Kumar Apte, Advocate appointed for the Applicant Mrs. G. P. Mulekar, A.P.P for the Respondent-State CORAM : SMT. V. K. TAHILRAMANI & REVATI MOHITE DERE, JJ.

TUESDAY, 28 th FEBRUARY, 2017 P.C. :

1.

The applicant has been convicted under Section 302 of the Indian Penal Code for causing the death of her husbandVitthal. The applicant is now seeking bail. 2.

The applicant was the second wife of Vitthal. Babitai was the first wife of Vitthal. It is the prosecution case that when Vitthal and Babitai was sleeping, the applicant poured kerosene on Vitthal and set him on fire. This is borne out by the dying declaration made by Vitthal to PW 4- Police Head Constable, SQ Pathan 1/2

appa.260.17.18.doc Amit Umnale. Vitthal had sustained 81% burns and died on account of burns.

3.

Looking to the evidence on record, we do not think this is a fit case to grant bail. Hence, application is rejected. Hearing of appeal is expedited.

(REVATI MOHITE DERE, J.) (V. K. TAHILRAMANI, J.) SQ Pathan 2/2