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Bombay High CourtAPPA/1198/2017others disposed off

Popat Shripati Gayakwad v. The State Of Maharashtra

2017-09-12Hon'Ble Smt. Justice V.K. Tahilramani,Hon'Ble Smt. Justice Dr. Shalini Phansalkar-Joshi2 pages

23 APPLN.1198 OF 2017.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1198 OF 2017 IN CRIMINAL APPEAL NO.753 OF 2017 Popat Shripati Gaikwad ... Applicant.

V/s.

The State of Maharashtra .... Respondent Ms. Rohini M. Dandekar, for Applicant.

Mr. Arfan Sait, A.P.P., for the Respondent-State. CORAM : SMT. V. K. TAHILRAMANI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 12TH SEPTEMBER, 2017.

P.C. :

1.

Heard both sides.

2.

The applicant has been mainly convicted for offence punishable under Section 302 of the Indian Penal Code. The applicant is now seeking bail.

3.

It is the prosecution case that the appellant fired at Suryadeep, the son-in-law of the complainant, which led to the death of Suryadeep. There are two eye witnesses that is P.W.2 Ramchandra- the father-in-law of the deceased and P.W.10 Amol who have stated that the applicant fired at Suryadeep. In addition, it is seen that shot fired by the Page No.1 of 2

23 APPLN.1198 OF 2017.doc appellant was on the chest of the deceased.

4.

Looking to the above facts, we are of the opinion that this is not a fit case to grant bail. Hence, the application is rejected.

[DR.SHALINI PHANSALKAR-JOSHI, J.] [SMT. V.K.TAHILRAMANI, J.] Page No.2 of 2