In a temporary bail application filed by an applicant who was on parole but underwent a knee accident requiring plaster, the High Court granted bail for two months pending further orders.
Temporary bail granted for two months in sum of Rs. 12,000/- with one or two sureties.
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 4.cri.appa.662.15.doc
jdk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 662 OF 2015 IN
CRIMINAL APPEAL NO. 812 OF 2012
Hanmant Nagnath Surwase .. Applicant
Vs.
The State of Maharashtra .. Respondent
Mr. D.G. Khamkar Advocate for Applicant Mrs. A.S. Pai A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI AND DR.SHALINI PHANSALKAR-JOSHI, JJ.
DATED : JUNE 17, 2015
P.C.:
1 Heard both sides. The applicant is seeking temporary
bail on the ground that he had an accident on 28.5.2015 when he was on parole. He has sustained injury to the left knee cap in the accident, due to which, his left leg is in plaster. As his parole period was not extended, he has surrendered back and he is in prison at present.
2 The learned A.P.P. on instructions states that there is indeed an injury to the knee cap of the applicant and his left
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2 4.cri.appa.662.15.doc
leg is in plaster and presently he is in prison hospital.
3 Looking to all the above facts, we are inclined to grant temporary bail to the applicant for a period of two months, hence, the following order is passed:
ORDER
(1) The applicant - Hanmant Nagnath Surwase be released on temporary bail for a period of two months, in the sum of Rs.12,000/- (Rs. twelve thousand only) with one or two sureties to make up the said amount.
(2) On expiry of period of two months from the date of release of the applicant on temporary bail, the applicant shall surrender back to the prison.
(3) Application is allowed and disposed of in above terms.
[DR.SHALINI PHANSALKAR-JOSHI,J.] [SMT. V.K.TAHILRAMANI, J.]
kandarkar
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1 issue framed by the court
Whether the applicant with an injured leg in plaster can be granted temporary bail while on parole suspension.
Hanmant Nagnath Surwase
The State of Maharashtra
V.K.Tahilramani
Shalni Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
