Chetan Dashrath Gade v. The State Of Maharashtra

Sachin R. Patil by Sachin R. Patil Date: 2020.01.16 15:35:02 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1287 OF 2019 IN CRIMINAL APPEAL NO. 1557 OF 2018 Chetan Dashrath Gade.

...Applicant.

Versus

State of Maharashtra.

..Respondent.

Mr. A. P. Mundargi, Senior Advocate with Mr. V. B. Shivarkar for the Applicant.

Mr. A. Sait, APP for the Respondent-State.

Coram : RANJIT MORE & SURENDRA P. TAVADE, JJ.

Date : January 8, 2020.

P. C. :

1.

Heard Mr. Mundargi, learned senior counsel appearing on behalf of the Applicant and Mr. Sait, learned APP for the Respondent-State.

2.

The Applicant herein is original accused no.1. He along with his brother Akshay (original accused no.3) was convicted for the offence punishable under sections 302 and 201 read with 34 of the Indian Penal Code, 1860 for committing murder of Applicant's wife and sentenced to suffer imprisonment for life. The appeal filed by the Applicant is admitted and the present application is filed for bail during the pendency of appeal. 3.

In the year 2018, said Akshay (original accused no.3 patilsr 1 / 2

and brother of the Applicant) had filed an application for bail pending appeal, being Criminal Application No. 2084 of 2018 in Appeal No. 1557 of 2018. This application has been rejected by this Court [Coram : A. S. Oka and A. S. Gadkari, JJ] by passing a speaking order dated 25th February 2019. While rejecting this application of accused no.3, the division bench has categorically recorded a prima facie finding that death of Applicant's wife was homicidal one and was due to strangulation. The evidence alleged and relied upon against the present Applicant as well as the Applicant's brother - Akshay is more or less identical. We are, therefore, not inclined to release the Applicant on bail for the same reasons on which the Applicant's brother was refused bail. 4.

In the light of above, application is dismissed. Taking into consideration the fact that the Applicant was on bail during trial and they were taken into custody subsequent to the conviction, we expedite the hearing of appeal. [SURENDRA P TAVADE, J.] [RANJIT MORE, J.] patilsr 2 / 2