Shivakumar Govindan Nair v. the State of Maharashtra
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COURT OF JUDICATURE AT BOMBAY CRIMINAL…
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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ba361-13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.361 OF 2013
Shivakumar Govindan Nair .. Applicant Versus State of Maharashtra .. Respondent
None for applicant Mrs.G.P.Mulekar, APP for State.
CORAM : S. C. DHARMADHIKARI, J. 16th April 2013.
P.C.:
stating that he has been detained in custody for more than 9
months and his earlier application for bail was rejected on the
ground that the investigations are in progress, that I orally
directed the learned APP to take instructions as to why the
applicant is required to be in custody and what is the progress
of the case. She states that now the investigations are complete
and the charge sheet is filed. She has invited my attention to
the order passed by the learned Sessions Court on 22nd February
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ba361-13.doc
2013 rejecting the earlier bail application. That application was rejected on the ground that investigations are in progress. Now that the charge sheet is filed, interest of justice would be served by disposing of this application with a direction that it would be open for the applicant to seek bail in the trial court and which application, if filed, shall be decided on its own merits and uninfluenced by the fact that the earlier application was rejected by the sessions court. Reserving this liberty to the applicant, present application is disposed of.
(S. C. DHARMADHIKARI, J)
1 issue framed by the court
Whether bail application should be disposed of with liberty to approach the trial court after charge sheet filing.
Shivakumar Govindan Nair
State of Maharashtra
S. C. Dharmadhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court