The court dismissed a bail application filed in 2008 for want of prosecution due to the applicant's repeated absence. The court directed that the principal criminal appeal be added to the final hearing board from 2/12/2013.
Application dismissed for want of prosecution; criminal appeal listed for final hearing from 2/12/2013.
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.
pdp
appa-755-08
FARAD CONTINUATION SHEET NO . IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 755 OF 2008
IN
CRIMINAL APPEAL NO. 617 OF 2008
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions
Court’s or Judge’s orders
and Registrar’s orders.
None for the applicant. Mr. H. J. Dedhia, APP for State.
CORAM : P. V. HARDAS AND MRS. MRIDULA BHATKAR,JJ.
DATE : NOVEMBER 11, 2013.
P.C.:
It appears that this is an application filed by the applicant in 2008 seeking his enlargement on bail, pending the decision of the appeal. This application was listed before the court for the first time on 21/10/2013, on which date none had appeared on behalf of the applicant. Today when this application is called out twice, none appears on behalf of the applicant.
In that light of the matter, therefore, this
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pdp
appa-755-08
application is dismissed for want of prosecution. However, since the appeal is of the year 2008 and we are already hearing the Criminal Appeals of the year 2008, we direct that Criminal Appeal No. 617 of 2008 be added to the final hearing board from 2/12/2013.
Application is dismissed with aforesaid direction.
(MRS.MRIDULA BHATKAR,J.) (P.V. HARDAS, J.)
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2 issues framed by the court
Whether a bail application pending since 2008 should be dismissed for want of prosecution when the applicant fails to appear in 2013.
How to list the principal criminal appeal for final hearing after dismissal of the bail application.
State
P. V. Hardas
Mridula Bhathkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
