This court heard a representation for early hearing of an appeal filed by the State against a bail applicant detained for over three years. The court directed immediate hearing and disposed of the application without engaging with the bail merits.
Application allowed; appeal to be heard forthwith.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH : NAGPUR Criminal Application No. 881 of 2010 IN
Criminal Appeal No. 178 of 2007
[State of Mah. Bana Nanaiyya Panem]
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
Mr. R.M. Patwardhan, Adv., [appointed] for the
applicant-respondent.
Mr. D.B. Patel, APP for appellant.
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CORAM: A.H. JOSHI AND
A.R. JOSHI, JJ.
DATE : 10th December, 2010.
01.This is an application received from
the respondent for early hearing of appeal filed
by the State.
02. The respondent is in prison, as he was
arrested furtherance to action under Section 390
of Criminal Procedure Code, and has continued to
be in jail, apparently because he was not
released on bail.
03.Heard.
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04.It is seen that the respondent is in
jail since 18th October, 2007, and by this date,
he has completed more than three years of
detention.
05.Considering the aspect of the matter
that its a State appeal and that the respondent
is in jail, we direct the appeal to be heard
forthwith.
06. Application is allowed and disposed of.
JudgeJudge
|Hedau|
2 issues framed by the court
Whether to grant early hearing of a State appeal filed while the respondent remains in custody beyond three years.
Whether the respondent should be released on bail.
1 provisions across 1 enactments
State of Mah.
A.H. Joshi
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court