Shashiranjan Shivprasanna Sing v. The State Of Maharashtra

1 appa-855.19 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.855 OF 2019 IN CRIMINAL APPEAL NO.689 OF 2018 Shashiranjan Shivprasanna Sing ... Applicant

Versus

State of Maharashtra ... Respondent Ms. Isha Khandelwal I/b. Mr. Khan A. Wahab for the Applicant. Mr. H.J. Dedhia, APP for the Respondent - State. CORAM :

B.P. DHARMADHIKARI & SMT. SWAPNA S. JOSHI, JJ.

DATE :

26th JUNE, 2019.

P.C. :

Heard the learned counsel for the applicant and the learned APP. The trial Court has in paragraph 35 pointed out the chain of circumstances. Admittedly, the deceased was wife of the present applicant. Her body was found on 8th December 2012 in morning hours wrapped in polythene bag. The accused and his children were not at home and they had gone to native place of accused.

The accused claims that as per the narration of children the deceased had gone to her friend and was not seen thereafter. He, therefore claims that he was not in town when the deceased went to her friends.

2 appa-855.19 The learned APP has invited our attention to the chain of circumstances which indicate non plying of auto rickshaw by the accused resulting in financial problems to family, non paying of tuition fees of children by him, his wife working, a quarrel or debate between couple on 7th December 2012 and then enquiries by relatives and neighbours. Apart from this Municipal Corporation employee (PW9) has deposed that on 7th December 2012, the accused approached him at 4.00 pm with request to accept some money and to permit him to perform final rites of his wife. PW9 refused to oblige. PW29 has also deposed about extra-judicial confession. PW3 a neighbour has pointed out that on 8th December 2012 in the early morning, as the deceased had not come to fetch water on common tap, she made enquiries with the daughter of the deceased and the daughter of deceased informed that the deceased had gone to her maternal aunt.

In the light of circumstances, at this stage, we find no case made out for bail. Application is rejected.

(SMT. SWAPNA S. JOSHI, J.) (B.P. DHARMADHIKARI, J.)