Brief order disposing of a criminal application challenging the cancellation of bail, noting that interim bail continues if trial is pending or dies out upon trial conclusion.
Interim bail continuation order in lieu of final relief on merits.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 2460 OF 1991
Dnyandeo Ganji Hake. .. .. Applicant.
Versus
Shivaji Sadashiv Kadam & Anr... .. Respondents.
Mr. K. B. Sonwalkar for the Applicant.
Mr. K.V.Saste, Asstt.Government Pleader
for the State.
CORAM : A. M. KHANWILKAR, J.
DATED : 10TH SEPTEMBER, 2004.
P.C.:
This matter pertains to the year 1991.
2. By this application the order passed by the lower
court cancelling bail dated 28th August, 1991 is
challenged. While admitting this application, the
Court granted interim relief releasing the Applicant
on bail. That relief has enured in favour of the
Applicant till now. In all probability the trial of
the Sessions Case No. 35 of 1991 must have concluded.
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In this peculiar situation, in the event the trial is
still pending the interim relief which was granted by
this Court on 4th December, 1991 shall continue in
favour of the Applicant till the disposal of the
trial. However, if the trial is finally concluded,
nothing survives for consideration in this
Application.
3. The Application is accordingly disposed of with the above observations.
4. All Authorities concerned to act on an ordinary
copy of this order duly authenticated as true copy by
the Office.
Sd/-
(A. M. KHANWILKAR, J.)
Dnyandeo Ganji Hake
Shivaji Sadashiv Kadam & Anr
A. M. KHANWILKAR
As recorded by the court registry
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