The High Court directed the applicant to avail the liberty granted by the order dated 1st February 2016, allowing him to file a fresh bail application in the Sessions Court without prejudice.
Direction to avail the liberty granted by the order dated 1st February 2016 to file fresh bail application before the Trial Court.
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BA.1782-2017
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1782 OF 2017
Mohd Pintu Kazam Shaikh ..Applicant
Vs.
The State of Maharashtra ..Respondent
Smt. Naima Shaikh i/b Khan A. W. for Applicant. Ms. Rutuja Ambekar, APP for State.
CORAM: A.S. GADKARI, J. DATE : 19th September 2017.
P.C.
1] This is a second application for bail by the applicant. Earlier
bail application was dismissed as withdrawn by an order dated 1st February 2016 with liberty to file a fresh application for bail before the Trial Court, if the trial pertaining to Sessions Case No.836 of 2014 does not conclude within a period of one year from the date of said Order.
2] The record indicates that without availing liberty granted by Order dated 1st February 2016, applicant has preferred present application before this Court. In view of the above, applicant is directed to avail the liberty granted to him by earlier Order.
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BA.1782-2017
3] In case the applicant files an application for bail in Sessions
Case No.836 of 2014 within 2 weeks from today, the concerned Additional Sessions Judge is requested to hear and decide the said application on its own merits as expeditiously as possible, unfluenced by Order dated 1st February 2016 and/or the present Order.
4] With aforesaid directions, Application is disposed off.
(A.S. GADKARI,J.)
1 issue framed by the court
Whether the applicant was required to avail the liberty granted by the earlier order before filing a fresh bail application.
Mohd Pintu Kazam Shaikh
The State of Maharashtra
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
