Dismissed

Balkrishna Ishwardas Darwade, Convict No. B-6049 v. the State of Mah. Thr. the D.I.G. Prisons (E) (R) Nagpur and Anr.

Bombay HC26 Jul 2010WP/305/2010

Case brief

AI extract

What is this about?

Petitioner sought restoration of bail cancelled due to his absence caused by arrest in a separate crime. The single-judge bench refused to entertain the writ petition directly and directed the petitioner to file an application before the Sessions Judge.

What did the court decide?

The petition was disposed of without entertaining the prayer; petitioner was directed to file an appropriate application before the Sessions Judge.

Balkrishna Ishwardas Darwade, Convict No. B-6049 Vs the State… — Bail and Remand | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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Criminal Writ Petition No.305/2010

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[Balkrishna Ishwardas Darwade .vrs. State of Maharashtra and another]

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................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders

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................................................................................................................................................................... CORAM : A.P. LAVANDE & P.D. KODE, JJ. DATE : JULY 26, 2010.

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Heard Mr. Vinay Dahat, learned counsel for the petitioner and Mrs. K.S. Joshi, learned APP for the respondents.

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The main grievance of the petitioner in this petition is that the bail which was granted to him in Sessions Case No.426/2005 in which he is accused and which is pending before 2^nd Sessions Judge, Nagpur, was cancelled by the said Court since he could not appear on the dates fixed, be restored.

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According to the petitioner during pendency of the said Sessions Case, he was arrested in Crime No.48/2009 in respect of case pending before the 6^th Judicial Magistrate, First Class, Nagpur on 19.1.2010 and as such he could not appear on the dates fixed in Sessions Case No.426/2005 and, therefore, the bail order which was granted in favour of the petitioner be restored.

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According to the learned counsel for the petitioner, the petitioner could not appear before the learned Sessions Judge, Nagpur in Sessions Case No. 426/2005 since he was arrested in another crime. The petitioner has remedy of pointing out to the concerned Sessions Judge the facts justifying his case for bail.

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We are not inclined to entertain the prayer made by the petitioner directly to this Court. However, the petitioner would be at liberty to file appropriate application before the learned Sessions Judge, Nagpur in Sessions Case No.426/2005 seeking appropriate relief.

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In view of the above, the petition stands disposed of accordingly.

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The fees of the learned counsel Mr. Vinay Dahat, who has been appointed to appear on behalf of the petitioner, are quantified at Rs.750/-.

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JUDGE JUDGE

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Gulande

Balkrishna Ishwardas Darwade, Convict No. B-6049 v. the State of Mah. Thr. the D.I.G. Prisons (E) (R) Nagpur and Anr.

Case brief

What is this about?

What did the court decide?

Balkrishna Ishwardas Darwade, Convict No. B-6049 v. the State of Mah. Thr. the D.I.G. Prisons (E) (R) Nagpur and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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