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BOMBAY HIGH COURT
S. S. Shinde, N.J. Jamadar, JJ
Kamlesh Talekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Rajiv Patil, Mr.Prashant M. Patil
For the Respondents: Mr.V.B. Konde-Deshmukh

Table of Content
1. application for suspension of sentence. (Para 1 , 2 , 6)
2. conviction details and appeal grounds. (Para 3 , 4 , 10)
3. witness reliability and circumstantial evidence analysis. (Para 5 , 7 , 14 , 17)
4. court's emphasis on maintaining public safety. (Para 11 , 15)
5. final ruling on the application. (Para 19)
ORDER :

1. This is an application for suspension of sentence under section 389 of the Criminal Procedure Code , 1973 (‘the Code’), during the pendency of the appeal.

2.

3. The applicant-original accused No.8 came to be convicted alongwith eight other accused, for the offence punishable under section 302 read with section 34 of the Indian Penal Code , 1860 (‘the Penal Code’) and sentenced to suffer imprisonment for life and pay fne of Rs.5,000/- with default stipulation, for having committed murder of Eknath Baban Kudale (‘the deceased’) in furtherance of his common intention with the convicted co- accused, by the learned Additional Sessions Judge, Pune, by judgment and order dated 30th January 2021 in Sessions Case No.460 of 2015.

4. Being aggrieved thereby and dissatisfed therewith, the appellant has preferred this appeal assailing the legality, propriety and cor

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