The court dismissed an application for restoration of a bail application finding it misconceived as the original application was not dismissed. It also disposed of a modification application, noting the trial must proceed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.
CRIMINAL APPLICATION (APPP) No. 251 of 2014 in CRIMINAL APPLICATION (BA) No. 46 of 2014
(Pravin S/o Ashok Gujar Vs. State of Mah. thr. P.S., Dhantoli, Nagpur)
CORAM : M.L.TAHALIYANI, J. DATED : 24-03-2014
Heard learned counsel Shri Trividi holding for Shri Shrimali, learned counsel for the applicant and Shri A. K. Bangadkar, learned Additional Public Prosecutor for the State/non-applicant.
The application seeks restoration of the Criminal Bail Application No. 46/2014 which was decided on merits by this court (Coram : P. D. Kode, J) on 20-2-2014. It is not the case that the said application was dismissed. Therefore, the present application for restoration of Criminal Bail Application No. 46/2014 is misconceived and is dismissed.
Criminal Application (APPP) No. 220/2014
This application is for modification of order dated 20-2-2014 in Criminal Bail Application No. 46/2014. The Criminal Bail Application No. 46/2014 was disposed of on 20-2-2014 on merits. The order dated 20-2-2014 gives clear impression that the application was withdrawn as the court was not inclined to grant bail. The trial was expedited and it was directed that it should be completed by September, 2014. As such, application for modification of order is not
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maintainable since criminal bail application was disposed of without any condition. As already stated, it was withdrawn because of court’s disinclination to grant bail. In the circumstances, the option open for the applicant is to apply for bail afresh before this court or the trial court.
The application stands disposed of.
JUDGE
wasnik
3 issues framed by the court
Whether an application for restoration of a bail application is maintainable when the original application was not dismissed.
Whether an application to modify a bail order is maintainable when the underlying bail application was disposed of on merits without granting bail.
The maintainability of separate applications where the original bail application has already been decided.
Pravin S/o Ashok Gujar
State of Maharashtra
M.L. Tahaliyani
Wasnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
