Bombay High Court Admits Appeal in Murder Conviction Case and Orders Bail Consideration After Receipt of Record. The court directed that the appellant's bail application be considered only after the trial court record is received.

High Court: Bombay High Court
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Case Note & Summary

The appellant, Arvind @ Baban Ishwara Mali, filed a criminal appeal before the Bombay High Court against his conviction in a murder case. The court, comprising Justices V.G. Palshikar and R.C. Chavan, admitted the appeal on 11 July 2005. The court ordered that the record and proceedings be called for from the trial court. The appellant's application for bail was directed to be considered after the receipt of the record and proceedings. No further details about the facts of the case, the conviction, or the sentence are available from the judgment text.

Headnote

A) Criminal Procedure - Appeal against conviction - Admission of appeal - The court admitted the criminal appeal filed by the appellant challenging his conviction and ordered that the record and proceedings be called for. The application for bail was directed to be considered after receipt of the record and proceedings. (Para 1)

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Issue of Consideration

Whether the appellant should be granted bail pending appeal against conviction for murder under Section 302 IPC?

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Final Decision

The court admitted the criminal appeal and ordered that record and proceedings be called for. The application for bail was directed to be considered after receipt of record and proceedings.

Law Points

  • Admission of appeal
  • bail consideration after receipt of record and proceedings
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Case Details

2005 LawText (BOM) (07) 63

Criminal Appeal No. 610 of 2005

2005-07-11

V.G. Palshikar, R.C. Chavan

Sudatta Patil for appellant, A.M. Shringarpure for State

Arvind @ Baban Ishwara Mali

State of Maharashtra

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Nature of Litigation

Criminal appeal against conviction for murder

Remedy Sought

Appellant sought admission of appeal and bail pending appeal

Filing Reason

Appellant was convicted for murder under Section 302 IPC and filed appeal against conviction

Issues

Whether the appeal should be admitted? Whether the appellant should be granted bail pending appeal?

Ratio Decidendi

An appeal against conviction is admitted and bail application is to be considered after receipt of trial court record.

Judgment Excerpts

Admit. Record and proceedings be called for. Application for bail to be considered after receipt of R & P.

Procedural History

The appellant filed Criminal Appeal No. 610 of 2005 before the Bombay High Court against his conviction. On 11 July 2005, the court admitted the appeal and ordered that the record and proceedings be called for. The bail application was directed to be considered after receipt of the record.

Acts & Sections

  • Indian Penal Code, 1860: 302
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High Court Bombay High Court Admits Appeal in Murder Conviction Case and Orders Bail Consideration After Receipt of Record. The court directed that the appellant's bail application be considered only after the trial court record is received.
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