In a criminal application for suspension of sentence and bail, the High Court refused to entertain the request for release. The appeal was instead listed for final hearing in the week commencing 11th July 2011, and the current application was dismissed.
Application for suspension of sentence and bail dismissed; appeal listed for final hearing.
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.
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appl507-11.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 507 OF 2011 IN CRI. APPEAL NO. 74 OF 2006
Suresh Shivaji Kachre ... Petitioner.
V/s.
The State of Maharashtra ... Respondent. ---
Mr. Abhaykumar Apte for the Petitioner. Mr. K.V. Saste, APP for the State.
CORAM : P. V. HARDAS & M.N.GILANI,JJ. DATE : 03rd MAY, 2011.
P.C.
1 This is an application by the applicant-accused, seeking suspension of the substantive sentence and his enlargement on bail. It appears that the applicant-accused did not file any bail application, when his appeal had been listed before the court for admission. In that, sense therefore, this is a first application for bail.
2 We have heard Shri Apte, the learned counsel for the applicantaccused and the learned APP for the State. Looking to the nature of the evidence available against the applicant-accused, we are not inclined to entertain this application for his release on bail. However, since we are already hearing criminal appeals of the year 2004 and this is an appeal of the year 2006, according to us, this appeal can be set down for final hearing after vacation. Accordingly, we direct that this Appeal be listed
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for final hearing in the week commencing from 11th July, 2011.
3 The application is, accordingly dismissed with the aforesaid directions.
[M.N.GILANI,J.] [P.V. HARDAS, J.]
1 issue framed by the court
Whether to grant bail to the applicant-accused who had not filed a bail application during the appeal listing.
Suresh Shivaji Kachre
The State of Maharashtra
P. V. Hardas
M.N. Gilani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
