High Court of Judicature at Bombay dismissed bail application when charge was framed but granted direction to Sessions Judge to conclude evidence recording by 30th April 2018.
Application dismissed; direction issued to Sessions Judge to conclude evidence recording by 30th April 2018.
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10 ba 1548.2017
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1548 OF 2017
Shri. Santosh Yadav Sankhe .... Applicant Vs. The State of Maharashtra .... Respondent
Mr. A.P. Mundargi, Senior Counsel i/by Mr. Hrishikesh Mundargi for the Applicant.
Mrs. P.P. Shinde, APP for the State-respondent.
Coram : Smt. Sadhana S. Jadhav , J. Date : 19th December, 2017
P.C.:
1 Learned Senior Counsel appearing for the applicant, upon instructions, seeks liberty to withdraw the application since the charge is framed. It can be said that the trial has commenced. This is a peculiar case, which rests on circumstantial evidence. The coaccused has been enlarged on bail by this court. As far as the present applicant is concerned, it is true that the applicant was not last seen in the company of the deceased or in the company of the co-accused. However, since the charge is framed and the trial would not take a long time, this court is inclined to dispose of the application with a
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direction that the Sessions Judge, Palghar seized with Sessions Case No.90 of 2015 shall make every endeavour to conclude the recording of evidence as far as possible by 30th April, 2018.
2 It is made clear that the observations made in the order dated 20th March, 2017 while hearing the Criminal Bail Application No.2597 of 2016 are restricted to an application under Section 439 Cr.P.C. and the learned Sessions Judge shall not be influenced by the same at the time of trial.
2 issues framed by the court
Whether bail application should be disposed of with a direction to conclude evidence by a specific date given that the charge is framed.
Whether observations made in a prior bail application under Section 439 Cr.P.C. shall influence the Sessions Judge during trial.
Shri. Santosh Yadav Sankhe
The State of Maharashtra
Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
