The High Court granted temporary bail to a life convict applicant who had pending criminal appeal pending since 2012, releasing him on cash security to appear for a scheduled examination.
Temporary bail granted for period from 29.9.2015 to 7.10.2015 on furnishing cash security of Rs.10,000/-.
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.
927-APPA-1177-2015.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1177 OF 2015
IN
CRIMINAL APPEAL NO.828 OF 2012
Mr. Suyash @ Joy Satish Dixit Versus
The State of Maharashtra
..Applicant.
..Respondent.
Ms. Mallika A. Ingale, advocate for applicant. Mrs. M.M.Deshmukh, APP for the State.
Coram : RANJIT MORE & R.G.KETKAR, JJ. Date : 23rd September, 2015.
P. C. :
The learned counsel for the applicant, at the outset,
seeks leave to amend prayer clauses. Necessary amendment shall be carried out forthwith.
Heard.
3 By this application, applicant seeks temporary bail in
order to appear S.Y.B.A. (First Term) examination which is scheduled to commence from 29.9.2015 to 7.10.2015.
4 It appears that applicant has earlier filed criminal application no.1368 of 2013 for his release when the applicant was intending to appear for H.S.C. Examination. Applicant was released
on bail and there are no allegations against him that he had
Shivgan 1/3
927-APPA-1177-2015.doc
misused the discretion given by this Court. Applicant thereafter filed Criminal Application No.1507 of 2014 when he was intending to appear for F.Y.B.A. Mid Term Examination. By the order dated 24.11.2014, he was granted temporary bail in order to enable him to appear for F.Y.B.A. Mid Term Examination for the period from 25.11.2014 till 1.12.2014.
5 Applicant is life convict. His appeal is pending since 2012. It is not likely that his appeal would be heard within a short time. In these circumstances, we allow the application for release of applicant on temporary bail in order to enable him to appear for S.Y.B.A. First Term Examination commencing from 29.9.2015 till 7.10.2015. Accordingly, substantive sentence of imprisonment is temporarily suspended and the applicant is released on bail on his furnishing cash security of Rs.10,000/- in the trial Court. Applicant is released on temporary bail from 29.9.2015 to 7.10.2015 and shall surrender to his bail on 8.10.2015 before 5.00 p.m.
Parties to act upon an authenticated copy of this
order.
[R.G.KETKAR, J.] [RANJIT MORE, J.]
Shivgan 2/3
927-APPA-1177-2015.doc
CERTIFICATE
Certified to be true and correct copy of the original signed judgment/order.
Shivgan 3/3
1 issue framed by the court
Whether the applicant can be granted temporary bail to appear for an examination scheduled after 29.9.2015 and before 7.10.2015.
Mr. Suyash @ Joy Satish Dixit
The State of Maharashtra
RANJIT MORE
R.G.KETKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
