During pendency of a criminal appeal challenging conviction under IPC 376, the High Court allowed withdrawal of bail applications filed in the appeal after ascertaining that the State had not preferred an enhancement appeal.
Allowed withdrawal and disposal of Criminal Bail Applications Nos. 674/2015 and 395/2015. Appeal adjourned.
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.
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Ladda
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELALTE JURISDICTION
CRIMINAL BAIL APPLICATION No. 674 of 2015 IN CRIMINAL APPEAL No. 43 of 2015. WITH CRIMINAL APPLICATION No. 395 of 2015 IN CRIMINAL APPEAL No.43 of 2015.
Shankar Chandu Khavdiya ..Applicant. Vs State of Maharashtra ..Respondent.
Mr Ravindra Shetty a/with Ajay Tripathi for the Applicant. Mrs P.P. Bhosale APP for the State.
Mr Madhav Maruti More, (P.I.) MRA Marg, P.S. Investigating Officer is present in the Court.
CORAM : A.R.JOSHI,J
DATE : 18th JUNE, 2015
P.C. :
1. Vide order dated 22nd January, 2015 directions were given by this Court (Coram : Smt. S.S.Jadhav,J) to issue notice of enhancement of sentence to the appellant-accused. Subsequently, vide order dated 5th February, 2015 passed by the same Bench, it is noted that the notice of enhancement has been issued to the appellant and the appellant was not present on that date. So non-bailable warrant was issued against him. Thereafter, non-bailable warrant was executed and the appellant-accused was taken in custody and since then he is in custody.
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(A.R.JOSHI, J.)
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1 issue framed by the court
Whether criminal bail applications in the criminal appeal need to be withdrawn upon withdrawal of the bail application in the underlying proceedings.
Shankar Chandu Khavdiya
State of Maharashtra
A.R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
