Single judge held that applicant filing Section 482 CrPC bail cancellation application ignored available Section 439(2) remedy. Application disposed reserving that right.
Application disposed of by reserving the remedy to file before the Trial Court under Section 439(2) of the Cr.P.C.
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.
16 appln 319-17 =.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 319 OF 2017
Rajkumar Dhundappa Yadagond … Applicant
V/s.
The State of Maharashtra & Anr.
… Respondents
Ms. H Patel i/b Hulyalkar & Associates for the Applicant. Mr. S.R. Agarkar, APP for the Respondent/State.
CORAM : A.S.GADKARI, J. DATE : 20th SEPTEMBER, 2017
P.C.:
. This is an application for cancellation of bail granted to the Respondent No.2 by order dated 02.05.2017 passed by the Ad-Hoc District Judge-1 and Additional Sessions Judge, Sangli in Criminal Bail Application No. 361 of 2017 releasing the Respondent No.2 on bail.
2 Learned Counsel for the Applicant submitted that after release of Respondent No.2 on bail by the said order, Respondent No.2 violated the condition imposed upon him and as per her instructions, Respondent No.2 is absconding. Thus, the present application is filed on the ground that Respondent No.2 has committed breach of conditions imposed upon him.
3 It appears that without availing the remedy of filing an application for cancellation of bail before the Trial Court under Section 439(2), the Applicant
1/2
Sneha Chavan
16 appln 319-17 =.doc
has filed the present application under section 482 of Cr.P.C. In view thereof, the Applicant is at liberty to file application for cancellation of bail before the same Court under Section 439(2) of the Cr.P.C. at the first instance.
(A.S.GADKARI, J.)
2/2
Sneha Chavan
2 issues framed by the court
Whether application for cancellation of bail should be entertained when remedy under Section 439(2) CrPC is available.
Whether applicant is barred from filing Article 226/Section 482 application when trial court remedy exists.
2 provisions across 1 enactments
Rajkumar Dhundappa Yadagond
State of Maharashtra
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
