The court addressed confusion regarding the venue for hearing an appeal against a rejected anticipatory bail order under the SC/ST Act, clarifying the procedural requirement for the matter to be assigned by the Registrar. The applicant was then permitted to withdraw the anticipatory bail application.
允许撤回预防性保释申请。
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.
08-ABA-70-17-1.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.70 OF 2017
Kashinath Kisan Deokate
.... Applicant
versus
State of Maharashtra ... Respondent
Mr.Shivraj Kunchge, Advocate i/b. Raviraj R. Shinde, Advocate a/w S.R. Kokare, Advocate for the Applicant.
Mr.Sangharaj D. Rupwate, Advocate for the complainant.
Mrs.Rutuja Amekar, APP for the State/Respondent.
CORAM : MRS.MRIDULA BHATKAR, J. DATE : 03rd FEBRUARY, 2017.
P.C. :
Nesarikar
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Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act.
benches as to whether the appeal is to be entertained by the single Judge, who is assigned the criminal appeal matters, or though it is an appeal it is to be entertained by single Judge, who is dealing with the bail or anticipatory bail matters. Registrar Judicial-I is requested to take the necessary orders from the Honourable Chief Justice and accordingly the matter is to be assigned.
Nesarikar
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such circumstances he be made respondent No.2 in the said appeal.
applicant/accused is allowed to withdraw the application for anticipatory bail.
view of the withdrawal.
(MRIDULA BHATKAR, J.)
Nesarikar
3 issues framed by the court
Whether the applicant is permitted to withdraw the anticipatory bail application and seek to file an appeal instead.
Whether the procedure regarding jurisdiction for the appeal is clarified by registrar.
Whether the applicant can file an appeal against the rejection of bail while maintaining interim protection.
1 provisions across 1 enactments
Kashinath Kisan Deokate
State of Maharashtra
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
