SUNIL PANDURANG MARATHE v. THE STATE OF MAHARASHTRA
Court: Bombay High Court
Bench: HON'BLE SHRI JUSTICE SANDEEP KASHINATH SHINDE
Judgment date:
Case summary
Bombay High Court judgment dated 2020-01-22. SUNIL PANDURANG MARATHE v. THE STATE OF MAHARASHTRA. Read the judgment and case details on LawSphereX.
Judgment text
29-BA-1645- 2019. odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1645 OF 2019 Sunil Pandurang Marathe … Applicant Vs The State of Maharashtra ... Respondents … Mr. S. B. Manikhedkar for the Applicant. Mr. Y. M. Nakhwa, APP for the Respondent-State. PSI Yamgar attached to Sahar P. Stn. Present. CORAM : SANDEEP K. SHINDE J. nd DATE : 22 JANUARY, 2020 P. C. : Heard. 2 The contention is without pre-mediation in a sudden fght and in heat of passion, incident had taken place. Therefore, argument is, it is the case falling within the exception 4 (i. e. Sudden Fight) under Section 300 of the Indian Penal Code, 1860, i. e. , culpable homicide not amounting to murder. Be that as it may, eye witnesses suggest in altercation, applicant strangulated the deceased Shivgan 1/3 29-BA-1645- 2019. odt in the result whereof, he fell down. Same is the narration by the complainant, who is brother of the deceased.
3 The learned Sessions Court declined to release the applicant on bail having found that the death was probably due to strangulation. Prosecution has produced fnal opinion as to cause of death, as shock due to head injury (unnatural). Applicant is in custody since December, 2018. Prima-facie, evidence suggests, ofence was not pre-mediated but occurred in the heat of passion on sudden quarrel. 4 The learned APP on instructions submits that yet charge has not been framed. In view of the facts and circumstances and nature of accusation, the learned Trial st Court is directed to conclude the trial preferably before 31 December, 2020. If the trial is not concluded on or before st 31 December, 2020, the applicant is at liberty to renew his request for enlargement on bail. Shivgan 2/3 29-BA-1645- 2019. odt 5 Application is disposed of with aforesaid direction.
6 It is made clear that observations made hereinabove be construed as expression of opinion only for the purpose of deciding bail application and the same shall not in any way infuence the trial in other proceedings. (SANDEEP K. SHINDE, J. ) Shivgan 3/3
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