The High Court rejected the bail application of the applicant, holding there was no change in circumstances since a withdrawn application, and granted liberty to apply again if the trial exceeds six months.
Liberty granted to file another bail application if the trial is not concluded within six months.
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.
1/2 (7)BA-763-13
Tilak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.763 of 2013
| Rahim Raees Khan | ... | Applicant |
|---|---|---|
| versus | ||
| The State of Maharashtra | ... | Respondent |
Mr. I.S. Thakur with Ms.Sheetal B. Patil i/b M/s.Global Juris Consults for the applicant. Ms.R.M.Gadhavi, APP for the State.
IO Mr.Devendra Chavan API from Nalasopara P.Stn present.
CORAM : ABHAY M. THIPSAY, J.
DATED : JULY 17, 2013
P.C.
1 Heard Mr. I.S.Thakur, learned counsel for the applicant. Heard Ms.R.M.Gadhavi, learned APP for the State.
2 The previous application for bail filed by the applicant was withdrawn by him (Bail Application No.1656/12 withdrawn on 10 January 2013). The order passed by this Court records that it was on being indicated that the bail would not be granted, the applicant had chosen to withdraw the application.
(7)BA-763-13
3 The learned APP submits that there is no change in the circumstances, warranting a second look at the matter. She also informs that the trial has already commenced, and as a matter of fact, on the last date of hearing, witnesses were present, but an adjournment was sought for, by the applicant. She also submits that the case has been fixed before the trial court tomorrow for recording of evidence, and that witnesses will remain present.
4 Under these circumstances, I do not think it proper to have a second look at the matter without there being any change in the circumstances.
5 Application is rejected.
6 Liberty to apply afresh for bail, should the trial be not over within a period of six months from today.
( ABHAY M.THIPSAY,J )
1 issue framed by the court
Whether bail should be granted to the applicant given the trial has commenced and witnesses are present.
Rahim Raees Khan
The State of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
