In an application for bail, the High Court granted release to the original accused who was appealing his five-year conviction. Noting his clean record and term served, the Court ordered release on bail with sureties.
Released on bail in sum of Rs. 30,000 with one or two sureties to report to Khar Police Station monthly till disposal of appeal.
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.
RMA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 249 OF 2010 IN CRIMINAL APPEAL NO. 127 OF 2010
Harishchandra Khopte
.. Applicant
Vs
The State of Maharashtra
.. Respondent
Mr. A.P. Mundargi, Sr. Counsel i/b Ms. Swapna Kode for the
Applicant
Mr. V.B. Konde-Deshmukh, APP for the State
CORAM : SMT. V.K. TAHILRAMANI, J
DATE : 1st OCTOBER, 2010.
P.C.:
1. Heard learned senior counsel for the applicant and learned APP for the State.
2. The applicant-original accused no. 2 has been convicted and sentenced to RI for five years. The appeal preferred by him against the said order has been admitted. Now, the applicant is seeking bail.
3. Learned advocate for the applicant stated that besides this case, the applicant has a clean record. This statement has not been controverted by learned APP. Moreover, it is seen that the sentence of imprisonment imposed of the applicant is five years out of which the
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applicant has undergone almost two years. Looking to the
above facts, I am inclined to grant bail to the applicant.
Hence, the order:
O R D E R
1. Applicant Harishchandra Khopte be released on bail in the sum of Rs. 30,000/- [Rs. Thirty Thousand Only] with one or two sureties to make up the said amount. The Applicant shall report to Khar Police Station once in a month till disposal of the appeal.
2. Application is allowed in above terms.
[SMT. V.K. TAHILRAMANI, J.]
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1 issue framed by the court
Whether the applicant seeking bail in the appeal should be granted bail given he has undergone nearly two years of a five-year sentence and has a clean record?
Harishchandra Khopte
The State of Maharashtra
Smt. V.K. Tahilramani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court