Convicted Of Murdering His Mother, Bombay High Court Allows Death Row Convict To Attend His Daughter’s Marriage

A division bench of Justice A. S. Gadkari and Justice P. D. Naik observed that his presence is necessary for performing religious ceremonies.

“It is not in dispute that, presence of Applicant on the date of marriage of his daughter for performing religious ceremonies is necessary. After taking into consideration over all view of the matter, we are inclined to release the Applicant on 23rd, 24th and 25th February 2023 between 9.00 am to 6.00 p.m from jail to attend the marriage and related religious ceremonies.”

In 2021, Additional Sessions Judge Mahesh Jadhav of Kolhapur District had convicted the man under section 302 (punishment for murder) if IPC for murdering his mother, cutting her body parts and preparing to cook them. The trial court awarded him capital punishment observing that his acts were heinous and shameless and fell in the category of “rarest or rare” cases.

The case for confirmation of his death sentence is pending before the High Court.

The convict applied for temporary bail for a week from February 22, 2023 to February 28, 2023 for the marriage of his daughter on February 24, 2023 in Kolhapur.

He submitted that he has been in custody since August 28, 2017 and hasn't been released on bail, parole or furlough on a single occasion. Further, he belongs to a lower economic strata and will not be able to pay escort charges.

The court considered that the applicant is from lower economic strata and directed the authorities to waive escort charges for the escort party that would accompany him at the marriage venue.

Advocate Madhvi Gonathieswaran with Advocate Dr. Yug Mohit Chaudhry represented the Applicant while APP Ajay Patil represented the state.

Case no. – Interim Application No. 673 of 2023 in Criminal Confirmation Case No. 1 of 2021

Case Title – Sunil Rama Kuchkoravi v. State of Maharashtra

Citation: 2023 LiveLaw (Bom) 111