Satpal Shivaji Mahanawar v. The State Of Maharashtra

7 APPA 735 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.735 OF 2016 IN CRIMINAL APPEAL NO.103 OF2016 Satpal Shivaji Mahanawar .... Applicant V/s.

State of Maharashtra and ors .... Respondents Mr. R. S. Kadam, for the Applicant.

Mrs. M.M. Deshmukh, APP for the Respondent State. CORAM : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 2nd DECEMBER, 2016.

P.C. :

1.

Heard Mr. Kadam, learned counsel appearing for the applicant and Mrs. Deshmukh, learned APP appearing on behalf of State. 2.

Application is taken out for grant of bail during pendency of the appeal. The applicant is convicted for the offence punishable under Section 302 of the Indian Peal and sentence to suffer imprisonment for life.

3.

According to learned counsel for applicant, the entire reliance is based on circumstantial evidence and it is his case that the chain of 1/2

7 APPA 735 OF 2016.doc circumstance is not complete so as to lead to the only conclusion that applicant has committed the offence.

4.

Learned Sessions Judge has relied upon four circumstances viz (i) deceased died homicidal death, (ii) motive, (iii) applicant was last seen together with the deceased and (iv) recovery of key chain, at the instance of applicant, with the help of which deceased was strangulated, 5.

In view of above, we prima facie find that there is sufficient material against applicant and therefore at this stage, we are not inclined to grant bail. Application is rejected.

[DR. SHALINI PHANSALKAR JOSHI, J.] [RANJIT MORE,J.] 2/2