Single judge allowed the withdrawal of a bail application filed in the High Court and dismissed it as withdrawn, granting liberty to the applicant to apply afresh for bail before the Sessions Court.
Order allowed to be withdrawn and dismissed as such; liberty granted to apply afresh for bail before the Sessions Court.
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906-BA-940-2013
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.940 OF 2013
DAULATSAHAB @ DAULU IMAMSAHAB BAGWAN )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Vikas Shivarkar Advocate for Applicant.
Mrs.Shilpa Gajare – Dhumal APP for the State.
CORAM: ABHAY M. THIPSAY, J.
DATE : 18th JULY, 2013.
P.C. :
1 Heard Mr.Vikas Shivarkar, the learned counsel for the applicant, and Mrs.Shilpa Gajare – Dhumal, the learned APP for the State.
2 The report of the postmortem examination, which ought to have been in the charge-sheet, has now been supplied to the applicant. The learned counsel for the applicant submits that so far as the applicant is concerned, the role attributed to him is that he had assaulted on the back of the deceased. He submits that there are no
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906-BA-940-2013
injuries on the back of the deceased. He submits that as the postmortem report was not available when the applicant applied for bail before the Sessions court, the applicant was handicapped in highlighting this aspect of the matter. He, now, submits, that in view of the report of the postmortem examination, he shall now apply afresh for bail before the court of Sessions.
4 The application is allowed to be withdrawn and stands dismissed as such, with liberty to the applicant, to apply afresh for bail before the court of Sessions.
5 In the event of such an application being made, the court of Sessions shall consider the matter on merits and decide the same in accordance with law.
(ABHAY M. THIPSAY, J.)
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3 issues framed by the court
Whether the applicant should be allowed to withdraw the current bail application and apply for bail afresh before the Court of Sessions in view of the late submission of the postmortem report not avai
Whether the Sessions Court ought to consider the fresh bail application on merits.
Whether the role attributed to the applicant of assaulting the back of the deceased is shielded by the absence of injuries found in the newly supplied postmortem report.
DAULATSAHAB @ DAULU IMAMSAHAB BAGWAN
THE STATE OF MAHARASHTRA
ABHAY M. THIPSAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
