Sitabai W/O Narayan Dahe v. The State Of Maharashtra

1 36-crappln3193.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3193 OF 2016 IN CRIMINAL APPEAL NO.375 OF 2016 Sitabai w/o. Narayan Dahe ..Applicant Vs.

The State of Maharashtra ..Respondent -- Mr.Y.B.Bolkar, Advocate i/b. Mr.A.S.Radikar, Advocate for Applicant Mr.A.R.Borulkar, APP for respondent Mr.A.L.Kanade, Advocate assisting the A.P.P.

-- CORAM : S.S. SHINDE AND SANGITRAO S. PATIL, JJ.

DATE : OCTOBER 03, 2016 PER COURT :

Heard.

2.

This application is filed by the applicant for grant of bail during pendency of the appeal.

3.

The learned Counsel for the applicant submits that the prosecution has utterly failed to

2 36-crappln3193.odt prove the case by establishing the chain of circumstances. There is no evidence that the applicant was last seen together with the deceased. The other circumstances relied upon by the prosecution do not attribute any role to the applicant, who is original accused no.2. The learned Counsel, therefore, submits that the application may be allowed and the applicant may be released on bail during pendency of the appeal. 4.

On the other hand, the learned A.P.P.

invites our attention to the notes of evidence. He submits that Balnath (PW 11), on the previous day of the day of the incident, had received a phone call from the applicant that the deceased was troubling the applicant and in case, the deceased is not controlled by Balnath (PW 11) - uncle of the deceased, he will be killed. He further submits that Karbhari (PW 9) saw accused no.1 and another unknown person while carrying the dead

3 36-crappln3193.odt body in a gunny bag on the day of the incident and on the next day, the dead body was recovered. He further submits that the applicant was not on bail during the trial.

5.

We have heard the learned Counsel appearing for the applicant and the learned A.P.P. for the respondent. We have perused the Record and Proceedings and in particular, the evidence of Karbhari (PW 9) and Balnath (PW 11), so also the evidence in the nature of the C.D.R. There is discovery of the incrementing articles at the instance of the accused. The findings recorded by the trial Court are sustainable.

6.

In our view, therefore, no case is made out. The application stands rejected.

7.

Registry to send back the Record and Proceedings to the Sessions Court. Upon receipt of

4 36-crappln3193.odt the Record and Proceedings, the Sessions Court to prepare Paper Book and send it to this Court along with the Record and proceedings, as expeditiously as possible, however, within a period of three months from the date of receipt of the Record and Proceedings.

8.

Liberty to mention for early hearing of the appeal upon receipt of the Paper Book.

[SANGITRAO S. PATIL, J.] [S.S. SHINDE, J.] kbp