Allowed

Shirish Ramdas Ner and Ors. v. the State of Maharashtra

Bombay HC15 Feb 2006APPLN/7584/2005

Case brief

AI extract

What is this about?

This is a Criminal Bail Application filed by an applicant convicted under Sections 498-A and 306 IPC pending an Appeal. The High Court considered the duration of custody and the inability to hear the appeal quickly.

What did the court decide?

The applicant is released on bail in the sum of Rs. 25,000 with one or two sureties and shall report to Ambad Police Station once a month.

Shirish Ramdas Ner and Ors. Vs the State of Maharashtra — Bail and Remand | Bombay HC (2006)

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[-1-]

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION

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CRIMINAL APPLICATION NO. 7584 OF 2005 IN

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CRIMINAL APPEAL No. 580 OF 2005

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Shirish Ramdas Ner . . . APPLICANT

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Vs.

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The State of Maharashtra . . . RESPONDENT

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Mr. A. P. Mundergi, Senior Counsel with Mr. A. P. Runwal Advocate for Applicant. Mr. Rajesh More, APP for the State/Respondent.

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CORAM: SMT.V.K.TAHILRAMANI, J. DATE : FEBRUARY 15, 2006.

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P.C.

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Heard Mr. A. P. Mundergi, the learned

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counsel for applicant and Mr. Rajesh More, the

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learned APP for the State/respondent.

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2.	The	applicant	is seeking	bail.	The	learned
counsel	for	applicant	submits	that app	licant	has
been	convicted	under	Section	498-A and	306	of
Indian	Penal	Code.	Maximum	sentence	imposed	on
the	applicant	is five	years.	The	learned	counsel
has	submitted	that	applicant	was on	bail,	pending
trial	and the	liberty	granted	to the	applicant	has

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not been misused by him. This statement has not

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[-2-]

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been controverted by the prosecution.

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3.	Mr. A.	P.	Mundergi	has	further	submitted
that	the evidence	relating	to	cruelty	in	respect
of	the applicant is	rather	vague.	O	n perusal	of
the	evidence, prima	facie	I find	some	merit	in
this	submission.	Mr.	Mun	dergi	further	submitted

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that applicant has been in custody for over nine

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months.

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4.	The	Supreme	Court	in the c	ase of	Bhagwan	Rama
Gosai	and	Ors.	Vs.	State of	Gujrat	reported	in
(1999)	4	SCC	421,	has obser	ved t	hat if	the
sentence	is	of	limited	duration	and	the	appeal
cannot	be	heard	expeditio	usly, then	bail	should	be
granted.		It is	not	possible to	hear	the	present

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appeal expeditiously. In view of all the facts

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and circumstances, I am inclined to grant bail.

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5.	Applicant	be	released	on	bail	in	the sum	of
Rs.	25,000/-	(	Rs.	Twe	nty	five	thousand	only)
with	one or	two	sureties	to	make		up the	said
amount.	The	appell	ant	shall		report	to	Ambad
Police	Station,	district	Nash	ik,	once	in	a	month

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i.e. on first Sunday of every month, during

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pendency of the appeal.

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[-3-]

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Application is allowed in above terms.

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[SMT.V.K.TAHILRAMANI,J.]

Shirish Ramdas Ner and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shirish Ramdas Ner and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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