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Documents citing Deoraj Deju Suvarna And Etc. vs State Of Maharashtra on 19 April, 1994

Sakharam Raoji Dharap vs The State Of Maharashtra on 16 December, 2021

This view was again relied upon by the Division Bench of our High Court in the case of Deoraj Deju Suvarna v. State of Maharashtra, 1994(4) Bom.C.R. 85 : 1994 Cri.L.J. 3602, wherein similar view was taken. We may observe that, no doubt that, while disclosure of the fact is made by the accused as contemplated under section 27 of the Evidence Act, he is in police custody, however, the voluntariness of his statement is guaranteed by the testimony of independent panch witnesses. However, when the accused is handcuffed during the process, it is nothing but physical manifestation of possibility of duress, threat or pressure by the police authority and, therefore, voluntary nature of the disclosure Page 14 of 17 Apeal.562.2021 (R).doc becomes doubtful.
Bombay High Court Cites 16 - Cited by 0 - S S Shinde - Full Document

Ganesh Suresh Jadhav And Ors vs The State Of Maharashtra on 5 April, 2022

In the said judgment by giving reference of a decision of this Court in the case of Deoraj Deju Suvarna v. State of Maharashtra reported in 1994 Cri LJ 3602, it is held that not only should the prosecution SH / SGP 38 of 42 Apeal39.2016Mumbai.odt adduce evidence that after seizure, the articles were sealed but should also lead link evidence to the effect that till being sent to the Chemical Analyzer, they were kept throughout in a sealed condition. This is done to eliminate the suspicion that blood might not have been put on the articles subsequent to the recovery and prior to being sent to the Chemical Analyst. The ratio is squarely applicable herein.
Bombay High Court Cites 19 - Cited by 0 - P K Chavan - Full Document

Ashraf Hussain Shah vs State Of Maharashtra on 26 March, 1996

8. First of all we would like to observe that the learned trial judge was perfectly justified in rejecting the evidence of recovery of blood stained clothes and knife at the pointing out of the appellant, primarily on the ground that there was no evidence to indicate that after seizure these articles were sealed. A Division Bench of this Court to which one of us (Vishnu Sahai J) was a party in the case of Deoraj Deju Suvarna v. State of Maharashtra, reported in 1994 Cri LJ 3602, after considering a large number of authorities has held that not only should the prosecution adduce evidence that after seizure the articles were sealed but should also lead link evidence to the effect that till being sent to the Chemical Analyst they were kept throughout in a sealed condition. This is done to eliminate the suspicion that blood might not have been put on the articles subsequent to the recovery and prior to being sent to the Chemical Analyst.
Bombay High Court Cites 9 - Cited by 27 - V V Sahai - Full Document

Sharfuddin Jamaluddin Shaikh, ... vs The State Of Maharashtra on 12 September, 2007

55. It must, however, be stated that the Accused Nos.1, 2 and 4 were shown to have been handcuffed at the time when they are supposed to have made their statements for voluntary disclosure of the articles. As per the ruling in the case Deoraj Deju Suvarna v. State of Maharashtra (1994) Criminal Law Journal 3602, the recovery would not be acceptable as voluntarily made.
Bombay High Court Cites 14 - Cited by 1 - R Dalvi - Full Document

Devidas S/O Ragho Koli vs The State Of Maharashtra on 29 November, 2011

" First of all we would like to observe that the learned trial judge was perfectly justified in rejecting the evidence of recover of blood stained clothes indicate that after seizure these articles were sealed. A Division Bench of this Court to which one of us (Vishnu Sahai, J.) was a party in the case of Deoraj Deju Suvarna v. State of Maharashtra, reported in 1994 Cri. L.J. 3602, after considering a large number of authorities has held that not only should the prosecution adduce evidence that after seizure the articles were sealed but should also lead link evidence to the effect that till being sent to the Chemical Analyst they were kept throughout in a sealed condition. This is done to eliminate the suspicion that blood might not have been put on the articles subsequent to the recovery and prior to being sent to the Chemical Analyst. "
Bombay High Court Cites 16 - Cited by 0 - Full Document

The State Of Haryana .... Prosecutor vs . on 23 January, 2009

and Deoraj Deju Suvana vs. State of Maharashtra reported as 1996 (1) Crimes 486 (Bom) (D.B.) contended that answer to such question as to why the accused have been falsely implicated is not always easy. However, these judgments are based on their own facts and have no applicability to the facts of the instant case. In this case, numerous circumstances have already been noticed herein above which clinchingly prove the guilt of the two accused beyond reasonable doubt. Arrest of the two convicts in Maharashtra, a fact admitted even by themselves, and recovery of the car at Chandigarh two days before the crime came to notice and other circumstances duly proved including recovery of valuable stolen property at the instance of the convicts, prove their guilt beyond reasonable doubt.
Punjab-Haryana High Court Cites 25 - Cited by 0 - M S Gill - Full Document
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