A high court judge dismissed an application for bail but granted liberty to apply if trial did not commence within three months, given the applicant is a labourer.
Application dismissed but liberty granted to apply for bail if trial does not commence within three months.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRIMINAL APPLICATION NO.117 OF 2007
Lilaram Shivram Bhamare and Anr. .. Applicants.
Versus
The State of Maharashtra .. Respondent.
Shri.R.D.Suryawanshi for the applicants.
Smt.M.M.Deshmukh, A.P.P. for the respondent.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 13TH FEBRUARY, 2007.
P.C.:
1. After having perused the application and the
annexures thereto, I am of the opinion that there is no
change in the circumstances which were referred to while
considering earlier application of the present applicants.
In such circumstances, application is dismissed.
2. However, in the facts peculiar to this case and
the applicants being labourers, the learned Additional
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Sessions Judge to whom the case is assigned to endeavour
and decide the same expeditiously. In the event that
trial does not commence within three months from today,
liberty to apply for bail and such application be
considered by the learned Additional Sessions Judge on its
own merits and in accordance with law.
sd/-
(S.C.Dharmadhikari, J.)
1 issue framed by the court
Whether bail should be granted or limited where the applicant is a labourer and trial has not commenced within three months.
Lilaram Shivram Bhamare
The State of Maharashtra
S.C. Dharmadhikari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court