Bombay High Court
Neeta Nagesh Kulkarni vs The State Of Maharashtra on 7 August, 2019
Author: B. P. Dharmadhikari
Bench: B. P. Dharmadhikari
rsk 1/2 903-APPA-990-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.990 OF 2019
IN
CRIMINAL APPEAL NO.870 OF 2019
Neeta Nagesh Kulkarni ...Applicant
vs.
The State of Maharashtra ...Respondent
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Mr. Kuldeep S. Patil for the Applicant.
Mr. J. P. Yagnik, APP for the Respondent/State.
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CORAM : B. P. DHARMADHIKARI &
MRS. SWAPNA S. JOSHI, JJ.
DATE : 7/8/2019.
P.C.:
. After hearing this application for bail on earlier occasion, hearing came to be adjourned to enable parties to explain certain facts.
2. From facts disclosed it appears that as per story of prosecution the event of applicant persuading deceased to consume dunet mixed dudhi- halwa which has taken place allegedly on 28/5/2011 was recorded in mobile handset of deceased in memory card. That mobile handset, after death of deceased on 31/5/2011 was in possession of his brother who thereafter handed it over to his friend i.e. PW-6. After few days PW-6 has returned that mobile back to the brother of deceased. Police has obtained custody of that mobile from brother on 11/7/2011.
3. After death the totally distinct (unconcerned) police station had received CD pointing out that the deceased was forced to consume ::: Uploaded on - 08/08/2019 ::: Downloaded on - 08/08/2019 23:07:37 ::: rsk 2/2 903-APPA-990-19.doc poisonous food and he ate it unwillingly and also uttered that if anything wrong happens to him it would be for the sake of love.
4. Who prepared this CD and why video clip if recorded in memory card on 28/5/2011 could not surface till 11/7/2011 is a moot question. Applicant/accused then about 19 years old is denying any such incident.
5. From the judgment of Trial Court it is not clear whether it has appreciated evidentiary value of video clip recorded in memory card. It appears that it has looked into the CD allegedly prepared on the basis of said memory card. It is not clear whether CD which was sent by distinct police station has been seen or then on the basis of said CD, through memory card another CD/DVD was prepared. However, trial Court observed hash value of all the original has not undergone any change in the process.
6. As we are not having details about the memory card and learned counsel for applicant submits that there is no section 65-B certificate in relation thereto, we grant learned counsel time of two weeks to produce before us the report of expert and to assist us properly as a last chance.
(MRS. SWAPNA S. JOSHI, J.) (B. P. DHARMADHIKARI, J.) ::: Uploaded on - 08/08/2019 ::: Downloaded on - 08/08/2019 23:07:37 :::