The court dismissed the applicant's application for cancellation of bail granted to respondent No.2, holding that the earlier order was passed on merit and there were no grounds to revisit it.
The criminal application filed for cancellation of bail is dismissed.
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( 1 ) cria1183.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1183 OF 2013
IN
CRIMINAL APPLICATION NO. 459 OF 2013
Sarubai w/o. Kashinath Sadare
..Applicant
Versus
The State of Maharashtra & Anr...Respondents
Mr. S.W. Munde, Advocate for the applicant.
Mr. V.B. Ghatge, A.P.P. for respondent/State.
Mr. P.K. Chawre, Advocate for respondent No.2.
CORAM : M.T. JOSHI,J.
DATED :19.09.2013
P.C. :-
1.Heard both the sides. Aggrieved by grant of
bail to respondent No.2 in Criminal Application No. 459
of 2013, present application for cancellation of bail is
filed.
2.There are no allegation that respondent No.2 has
tried to influence the witnesses. The only contention is
that while earlier application for bail was dismissed by
this Court, next one was granted, finding that within the
intervening period of three months, the Trial could not
be completed.
3.Learned Counsel for respondent No.2 submits that
this application is in a way challenge to the order
passed earlier. Further, he submits that even after
passing of the order on 11.02.2013, the Trial could not
be completed.
4.At the time of granting relief, all the facts
were taken into consideration and the earlier order was
passed on merit. Therefore, there is no reason to cancel
said order. In the circumstances, following order is
passed :-
(i) The Criminal Application is dismissed.
snk /2013/SEP13/cria1183.13
1 issue framed by the court
Whether the bail granted to respondent No.2 should be cancelled when the trial was not completed within the intervening period of three months.
Sarubai w/o. Kashinath Sadare
The State of Maharashtra
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court