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Sunita Devi vs State Of U.P. on 19 December, 2022 cites

Sharad Birdhi Chand Sarda vs State Of Maharashtra on 17 July, 1984

In the submission of learned counsel for applicant since present case is a case of circumstantial evidence, therefore, complicity of applicant in the crime in question, if any, has to be considered in the light of parameters laid down by Apex Court, for deciding a case based on circumstantial in Sharad Birdhi Chand Sarda vs State Of Maharashtra reported AIR 1984 SC 1622 . Paragraph 152 of the report is relied upon by learned counsel for applicant. In the submission of learned counsel for applicant none of parameters laid down in aforesaid judgement are satisfied against applicant in the present case. The incriminating circumstances that have emerged against applicant during the course of investigation, are not in-proximity to time and manner of occurrence, which may point at the guilt of applicant conclusively and no other hypothesis. The motive behind the occurrence has also not been fully satisfied against applicant. Learned counsel for applicant submits that since the applicant is a lady therefore by virtue of the provisions contained in proviso to section 437 Cr.P.C., she is liable to be enlarged on bail. Even otherwise applicant is a women of clean antecedents in as much as she has no criminal history to her credit except the present one. Applicant is in custody since 19.07.2022. As such, she has undergone almost five months of incarceration. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail and shall co-operate with the trial. Charge-sheet having been submitted against applicant, therefore, the evidence sought to be relied upon by the prosecution against applicant, stands crystallised. As such, custodial arrest of applicant is not absolutely necessary during the course of trial. On the cumulative strength of above, it is sought to be contended that applicant is liable to be enlarged on bail.
Supreme Court of India Cites 32 - Cited by 607 - S M Ali - Full Document
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