Single judge High Court dismissed criminal application challenging Sessions Court order cancelling bail conditions, noting the trial had likely concluded and a separate bail order sufficed to decide.
Application dismissed with no interference in Sessions Court order.
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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criapln3202-11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3202/2011
The State of Maharashtra .. Applicant V/s Kundlik Rajaram Mokale & Anr .. Respondents
Shri G.R.Ingole,APP for State. Shri A.A.Mukhedkar,Adv.for respondents
CORAM :T.V.NALAWADE,J. DATE : 24TH JUNE, 2013.
ORAL ORDER :
The application is filed to challenge order made by Sessions Court by which the Sessions Court has cancelled condition imposed on respondents. There was condition that the respondents should not visit the village of some witnesses.
2] Seen copy of order made by this Court on 16/10/12 and last time, submission was made that the trial has begun. We are in June 2013. There is clear possibility that the case itself has been disposed of. There is copy of the order made in respect of bail and that is sufficient to decide the present proceeding.
3] This Court holds that in view of these circumstances and the contents of the order passed in bail application, there is no need to
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interfere in the order of Sessions Court. Proceeding stands dismissed.
[T.V.NALAWADE,J.]
umg/
2 issues framed by the court
Whether the High Court needs to interfere with the Sessions Court order cancelling bail conditions given the case appears disposed of.
Whether the need to refer to a separate bail application order absolves the High Court from examining the impugned order.
The State of Maharashtra
Kundlik Rajaram Mokale & Anr
T.V.Nalawade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
