This order by the High Court at Aurangabad rejects the bail application of the applicants. The bench exercised caution not to elaborate on evidence as the main criminal appeal is pending. The findings of the trial court are deemed sustainable.
Application for bail rejected; record remanded to Additional Sessions Judge.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.1820 OF 2016
IN
CRIMINAL APPEAL NO.197 OF 2016
1) Ramji s/o Kondji Khandare,Age-70 years, Occu:Agri., |
|---|
2) Ravindra s/o Prabhakar Khandare,Age-20 years, Occu:Agri., |
3) Arun s/o Prabhakar Khandare,Age-22 years, Occu:Agri., |
4) Jaiwamta s/o Mohan Khandare,Age-30 years, Occu:Agri., |
5) Nana s/o Bhimrao Patil (Dukre),Age-23 years, Occu:Agri., |
6) Mohan s/o Kondji Khandare,Age-65 years, Occu:Agri., |
All above are R/o- Dhol Umari,Tq. & Dist-Hingoli....APPLICANTSVERSUS |
The State of Maharashtra,Through Police Station, Basamba,Tq. & Dist-Hingoli....RESPONDENTS |
...Mr.Satyajit S. Bora Advocate for Applicants.Mr.A.R. Borulkar, A.P.P. for Respondent.... |
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CORAM: S.S. SHINDE AND
V.K. JADHAV, JJ.
DATE : 30TH SEPTEMBER, 2016
ORDER :
1.Heard learned counsel appearing for the
Applicants. Perused notes of evidence.
2.At this stage, it is not proper to
elaborate on the evidence as the Appeal filed by
the Applicant-Appellant is pending. Suffice it to
say that the findings recorded by the trial Court
are sustainable. Therefore, we are not inclined to
entertain the Application for bail. The
Application for bail is rejected.
3.The Registry of this Court shall send
original Record and Proceedings to the Registry of
Additional Sessions Judge, Hingoli. Upon receiving
the original record and proceedings by the
Registry of the Additional Sessions Judge,
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Hingoli, the Registry of concerned Court shall
prepare the paper book and send it back along with
original record and proceedings, as expeditiously
as possible, however, in any case within four
months from receipt of the original record and
proceedings.
4.Upon receiving the Paper-Book along with
original Record and Proceedings, the Applicant/
Appellant is at liberty to move this Court for
early hearing of the Appeal.
1 issue framed by the court
Whether to entertain the application for bail when the criminal appeal is pending.
Ramji s/o Kondji Khandare and others
The State of Maharashtra
S.S. Shinde
V.K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court