In a second bail application, the High Court of Bombay granted release to two elderly under-trial applicants aged 70 and 65 who had been in jail since October 2008, citing their advanced age and the delay in the trial.
Applicants released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 3455 OF 2009
1.Shri Motiram Dada Sangamnere
2.Sou. Chandrabhaga Motiram
Sangamnere...Applicants
vs.
The State,
Through P.I. Niphad Police Station,
Niphad, Dist.Nashik...Respondents
Mr.M.S. Karnik for the Applicants.
Mr.H.T. Dedhia, APP for the State.
CORAM : V.M. KANADE, J.
DATED : SEPTEMBER 29, 2009
P.C. :-
1Heard learned Counsel for the applicants
and learned APP for the State.
3This is a second application for bail. The
first application was rejected by this Court on 12th
March, 2009. It is submitted that the applicant no.1
is 70 years of age and applicant no.2 is 65 years
old. It is submitted that both these applicants are
in jail since October 2008. The learned Counsel
2
submitted that the trial is not likely to begin for
quite sometime and applicants have number of old age
ailments. It is submitted that therefore, the
applicants may be released on bail.
to begin in the near future. Taking into
consideration the age of the applicants and since
they have already undergone almost a year of
imprisonment as under trial prisoners, the
applicants, under the circumstances, in my view, are
entitled to be released on bail.
5The applicants, therefore, be released on
bail in the sum of Rs.5000/- each with one or two
sureties in the like amount. The applicants shall
appear before the Sessions Court on the date of
hearing of the criminal case.
6The application is disposed of.
1 issue framed by the court
Whether two elderly applicants who have undergone nearly a year of incarceration as under-trial prisoners are entitled to bail.
Motiram Dada Sangamnere
Sou. Chandrabhaga Motiram Sangamnere
The State
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court