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Bombay High Court

THE STATE OF MAHARASHTRAversusDEBASHISH NANDLAL DHARA AND ANR

Decided
Disposal
Dismissed

Holding

The High Court set aside the conviction and death sentence, dismissing the confirmation case.

Summary

The State of Maharashtra appealed the conviction and death sentence imposed on Debashish Nandlal Dhara in Sessions Case No. 133 of 2017. The appeal was filed as Confirmation Case No. 6 of 2019 before the Bombay High Court. The High Court examined the material on record and found that the findings of the trial court were not sustainable. Consequently, the Court dismissed the confirmation case, set aside the conviction and the death sentence, and ordered the release of the accused. The State's appeal was therefore rejected and the appellant was set at liberty.

Issues considered

  • Whether the conviction and death sentence awarded to the accused in Sessions Case No. 133 of 2017 should be confirmed on appeal

Subjects

  • criminal appeal
  • death penalty
  • confirmation of conviction
  • Bombay High Court
  • set aside conviction

Judgment

                                                             1/2              J Confirmation Case-6-19.odt

                              TILAK

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CRIMINAL APPELLATE JURISDICTION
           Digitally signed
           by MANALI
MANALI     PRASANNA
           TILAK
PRASANNA
TILAK
           Date:
           2026.09.08
           15:31:10
                                                CONFIRMATION CASE NO.6 OF 2019
           +0530
                                                             WITH
                                              INTERIM APPLICATION NO.2698 OF 2022
                                                             WITH
                                              INTERIM APPLICATION NO.2696 OF 2022
                                                              IN
                                                CONFIRMATION CASE NO.6 OF 2019

                               The State of Maharashtra                      ..   Appellant
                                                  Versus
                               Debashish Nandlal Dhara & Anr.                ..   Respondents


                                                                   …

                              Mr.Tanveer Khan, Additional Public Prosecutor for the
                              State/Appellant.
                              Dr.Yug Mohit Chaudhary with Mr.Hasan Nizami and Mr.Anush
                              Shetty for the Respondent No.1.
                              Mr.Siddharth Jagushte for the Respondent No.2.

                                                   CORAM: BHARATI DANGRE &
                                                           MANJUSHA DESHPANDE, JJ.
                                                   DATED : 07th SEPTEMBER, 2026
                              P.C :-
                                       For the reasons separately recorded, the following order is
                              passed :-
                                                          OPERATIVE ORDER
                                       Confirmation Case No.6/2019 is dismissed.
                                       The finding of conviction and resultantly, the imposition
                              of      death    sentence    upon    the   respondent      No.1/accused,
                            2/2          J Confirmation Case-6-19.odt


Debashish Nandlal Dhara, imposed by judgment dated
4/10/2019 by Additional Sessions Judge in Sessions Case No.
133/2017 is set aside.
     The appellant is set at liberty.


(MANJUSHA DESHPANDE, J.)                (BHARATI DANGRE, J.)


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