This High Court disposed of a criminal application seeking bail relaxation. The court refused to entertain a fresh bail application as an order already existed and declined to relax bail conditions due to the flight of a co-accused and proximity of trial conclusion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2649 OF 2004
Satish Sanjeeva Shetty ...Applicant
Versus
State of Maharashtra ...Respondent
Mr.Arfan Sait for Applicant.
Mr.A.S.Gadkari, A.P.P. for Respondent.
CORAM: A.M.KHANWILKAR, J.
DECEMBER 21, 2004.
P.C.
1. Heard Counsel for the parties.
2. Mr.Gadkari, A.P.P., on instructions,
states that the trial has already commenced and is
likely to conclude very soon. It is common ground
that the Applicant has been granted bail by the
lower Court, but the Applicant could not avail of
that bail, as he was unable to furnish the surety
amount of Rs.20,000/- (Rupees Twenty Thousand). As
: 2 :
Applicant was already granted bail by the Court
below and which order has not been set-aside so
far, I see no propriety in entertaining fresh bail
application before this Court.
3. The only grievance that remains to be
considered is: whether the bail condition needs to
be relaxed. Even that issue will have to be
answered against the Applicant because it is
brought to my notice by the learned A.P.P. that
co-accused, who was released on bail on similar
condition, is now absconding, which has resulted in
delay of the trial. Even now, the said accused is
absconding. In other words, it is not possible to
reduce the condition of bail, which was granted.
4. Any observation made in this order shall
not be considered as expressing any opinion on the
correctness of the order granting bail, one way or
the other. I am required to observe this because
the State has not come up in appeal against the
order granting bail.
5. As the trial is likely to conclude, as
: 3 :
stated by the learned A.P.P., the Trial Court will
ensure that the same will be disposed of as
expeditiously as possible.
6. Application disposed of on the above
terms.
A.M.KHANWILKAR, J.
2 issues framed by the court
Whether the bail condition needs to be relaxed given that a co-accused bound by similar conditions is absconding.
Whether to entertain a fresh bail application when the applicant already has an un-challenged bail order from the lower court.
Satish Sanjeeva Shetty
State of Maharashtra
A.M.KHANWILKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court