LAWS(BOM)-2024-12-53

STATE OF MAHARASHTRA Vs. BHAGWAT BAJIRAO KALE

Decided On December 09, 2024
STATE OF MAHARASHTRA Appellant
V/S
Bhagwat Bajirao Kale Respondents

JUDGEMENT

(1.) Confirmation Appeal No. 1/2022 filed under Sec. 366 of the Code of Criminal Procedure seek confirmation of the death sentence imposed upon the respondent Bhagwat Bajirao Kale by the Addl. Sessions Judge, Pune in Sessions Case No.80/2004, by the judgment delivered on 14/12/2001, as he was found guilty of committing offences punishable under Sec. 302, 392, 449, 460, 201 r/w Sec. 34 of the IPC.

(2.) We have heard Ms.Deshmukh, learned Assistant Public Prosecutor for the State in support of the Confirmation Appeal filed by the State of Maharashtra and we have heard Ms.Rebecca Gonsalves representing the respondent/accused.

(3.) Upon the sentence of death being imposed, the Principal District Judge, Pune, by his order dtd. 14/12/2021 while he pronounced the sentence, suspended the sentence of death awarded to Bhagwat Kale, till its confirmation by the High Court, Bombay, as per provisions of Sec. 366 of the Cr.P.C. The entire record and proceedings of Sessions Case No.80/2004 was forwarded to the High Court for confirmation of death sentence, and it was directed that the sentence passed against the accused shall not be executed until its confirmation.