Criminal Application for regular bail by the accused in a criminal trial. The court rejected the application because the trial had commenced with five witnesses examined and no reason existed for release.
Application for regular bail stands rejected.
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.
ba.678.17.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION(BA) 678 OF 2017 ( Uttam Baban Babhulkar..vs..State of Maharashtra, through PSO.PS.Shegaon(City),Tq.Shegaon,District-Buldhana)
_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.
Shri Mahesh Rai,Advocate for applicant. Shri M.J.Khan, A.P.P. for State-non-applicant with Shri A.P.Tathod,Advocate (assist to prosecution)
CORAM : V.M.DESHPANDE, J. DATED :SEPTEMBER 21, 2017
Heard learned counsel for applicant and learned A.P.P. for the State-non-applicant.
This is an application for regular bail.
During the course of hearing , it is made known to the Court by learned A.P.P. and learned advocate (assist to prosecution) that in fact the trial has already commenced. Not only that five witnesses are already examined and trial is stayed because of order granting permission to the accused for recalling witness is challenged before this Court by the prosecution. Be that as it may, since the trial has already commenced, I see no reason to release the applicant on bail. Furthermore, there are serious accusations against the present applicant.
Application stands rejected.
ba.678.17.odt
2
CRIMINAL APPLICATION (APPP) NO.1343 OF 2017
The application is allowed.
JUDGE
Kitey
1 issue framed by the court
Whether the accused should be released on regular bail when the trial has already commenced with witnesses examined and a challenge by the prosecution is pending.
Uttam Baban Babhulkar
State of Maharashtra, through PSO.PS.Shegaon(City),Tq.Shegaon,District-Buldhana
V.M. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
