Trimbak Sakharam Sodgir. v. The State Of Maharashtra.

Cri Appln No.5742.2015.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5742 OF 2015 IN APEAL/62/2014 TRIMBAK SAKHARAM SODGIR.

VERSUS

THE STATE OF MAHARASHTRA.

...

Advocate for Applicant : Mr V D Sapkal h/f Mr. N R Pawade APP for Respondents: Mr S G Karlekar Advocate for Respondent 2 : Shri S.B. Bhapkar (in appeal) ...

CORAM : S V GANGAPURWALA & V.K. JADHAV, JJ.

Dated: November 23, 2015 ...

PER COURT :- 1.

Mr. Sapkal, the learned counsel for the applicant submits that, earlier application for bail is rejected, however, considering the fact that more than 22 months the applicant is in jail and, also the fact that the applicant is the only earning member the present application is filed.

2.

According to the learned counsel, if prosecution case is considered the offence was committed under sudden provocation. Even Doctor is examined, who has not stated that injury caused would be cause of death. According to the learned counsel, said aspect be considered. Learned counsel, in alternate, submits that the appeal be fixed for final hearing.

3.

We have heard learned APP.

Cri Appln No.5742.2015.odt 4.

Earlier application for bail has been rejected on merits. In light of that, present application cannot be considered. Present application, as such, is rejected.

5.

Considering the submissions made, fix the appeal for final hearing in the week commencing from 7th March, 2016. 6.

Criminal Application is disposed of.

( V.K. JADHAV, J. ) ( S V GANGAPURWALA, J. ) ...

aaa/-