Krishna S/O Bahadur Kalu Sunachouri v. The State, U. T. Of Dadra And Nagar Haveli And Daman And Diu And ANR.

ssm 16-ia4108.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4108 OF 2023 IN CRIMINAL APPEAL NO. 1349 OF 2023 Krishna S/o. Bahadur Kalu Sunachouri .....Applicant Vs.

The State, U. T. Of Dadra And Nagar Haveli & Daman And Diu & Anr.

.....Respondents Mr. Vivek Gore for the Applicant.

Mr. S.V. Gavand APP, for the Respondent-State. Adv. H.S. Venegavkar a/w Adv. Shantanu S. Thorat for the Respondent No.1.

CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 10th JANUARY, 2024.

P.C.:- 1) The case of the prosecution is based on three major circumstances against the Applicant namely, (i) oral dying declaration given by the deceased Arjun to P.W. No.1 immediately after the Applicant assaulted deceased with a knife, (ii) recovery of knife i.e. the weapon used in the present crime by the Applicant and (iii) the images of the Applicant from the C.C.T.V. footage.

2) As far as the oral dying declaration is concerned, the deposition of PW No.1 to that effect has gone unchallenged and nothing contrary 1/2

ssm 16-ia4108.23.doc thereto has been brought on record to create doubt in the mind of this Court about it.

3) The aforestated three circumstances clearly indicates the involvement of Applicant in the present crime. There is strong motive for commission of present crime by the Applicant, as there was earlier bickering and fight took place between the deceased and Applicant. 4) We therefore find that, it is not a fit case to release the Applicant on bail, at least at this stage.

5) Application is accordingly rejected.

(SHYAM C. CHANDAK, J.) (A.S. GADKARI, J.) by SANJIV SHARNAPPA MASHALKAR Date:

2024.01.16 12:44:30 +0530 SANJIV SHARNAPPA MASHALKAR 2/2