Sarjerao Sonaji Unhale v. The State Of Maharashtra

spb/ 36appa268-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION 268 OF 2018 (for bail) IN CRIMINAL APPEAL (ST.) NO. 165 OF 2018 Sarjerao Sonaji Unhale ... Appellant.

V/s.

The State of Maharashtra ... Respondent.

--- Ms. Sonal Parab, Advocate i/by Mr. Rajeev Sawant & Associates for the Appellant.

Ms. M. M. Deshmukh, APP for the State.

--- CORAM : B. R. GAVAI AND SMT. BHARATI H. DANGRE,JJ.

DATE : FEBRUARY 26, 2018 P.C. :

Not on Board. Mentioned. Taken on board.

This application is for grant of bail during pendency of the Appeal.

Undisputedly, the deceased is the wife of the present Applicant. PW-2-Laxman Bhimaji Dongre in his evidence has categorically stated that on 12.07.2015 when he Borey 1/2

spb/ 36appa268-18.odt was on the site, there was quarrel between the accused and his wife. He stated that thereafter, he informed this fact to the father of the deceased. The father came on the site and he gave calls to the deceased. She did not respond and therefore, the father of the deceased pushed the door. His daughter was found to be dead.

At-least at this stage, we do not find that the applicant is in position to rebut the presumption under section 113-A of the Indian Evidence Act.

In that view of the matter, the application for bail is rejected.

(SMT. BHARATI H. DANGRE, J.) (B. R. GAVAI, J .) .....

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