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Sudhir Raosaheb Kumble Vs the State of Maharashtra — Bail and Remand | Bombay HC (2017)

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Bombay HC
2017
Sudhir Raosaheb Kumble Vs the State of MaharashtraSudhir Raosaheb Kumble v. the State of Maharashtra

Dismissed

Sudhir Raosaheb Kumble v. the State of Maharashtra

Bombay HC18 Sept 2017BA/833/2017

Case brief

AI extract

What is this about?

The applicant sought leave to withdraw his bail application with liberty to file a fresh one if the trial within CR No. 300/2016 did not commence within one year. The court granted leave and liberty on these terms, dismissing the application as withdrawn.

What did the court decide?

Leave granted to withdraw the bail application with liberty to file a fresh application if the trial does not commence within one year.

What the court decided

AI extract

Outcome

Leave granted to withdraw the bail application with liberty to file a fresh application if the trial does not commence within one year.

Issue for consideration

Whether leave should be granted to withdraw the bail application with liberty to file a fresh application if the trial does not commence within one year.

Detailed headnote1 paragraphs

The High Court granted leave to the applicant to withdraw the bail application with liberty to file a fresh application before the Trial Court if the proceedings in CR No. 300/2016 did not commence within one year from the date of the order. The application was then dismissed as withdrawn.

A compact analysis

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.

A

BA-833-17-24

1 /2

Nalawade A.S.

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATIN NO. 833 OF 2017

Sudhir Raosaheb Kumble vs. The State of Maharashtra

Office Notes, Office Memorandam

of Coram, appearances, Court’s

Court’s or Judge’s orders orders or directions and

Registrar’s orders

Mr. U.R.Mankapure for the Applicant. Mr. A.A.Palkar,APP. for the State.

CORAM : A.S.GADKARI, J. DATE : 18^th September, 2017

P.C.

After hearing the learned counsel for the applicant, when this Court was not inclined to grant any relief, the learned counsel on instructions seeks leave to withdrawn the application with liberty to file fresh application before the Trial Court if the trial arising out of CR No.300/2016 registered with Laxmipuri Police Station, Kolhapur does not commence within a period of one year from today.

Leave and liberty granted.

Dismissed as withdrawn with the aforesaid liberty.

It is submitted that in pursuance of the order dated 7.8.2017 passed by this Court the applicant was brought to Sasoon Hospital Pune for psychiatric test and is lodged at Yerawada Jail. Learned counsel for the applicant submitted that ordinarily the applicant is lodged at Kolhapur Jail a place where the crime has taken place. In view of the above if the psychological evaluation of

BA-833-17-24

Nalawade A.S.

the accused is completed, the concerned authority to re-transfer the applicant-accused to Kolhapur Jail.

(A.S. GADKARI, J.)

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether leave should be granted to withdraw the bail application with liberty to file a fresh application if the trial does not commence within one year.

Parties & counsel

AI extract

appellant
Sudhir Raosaheb Kumble
respondent
The State of Maharashtra

Coram

AI extract

A.S. Gadkari

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 18 Sept 2017 · September
Registered: 4 Apr 2017
Case no.: BA/833/2017
CNR: HCBM010152272017
Topic: Bail and Remand
Bench: A.s. Gadkari
Disposal: OTHERS DISPOSED OFF

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Cite this judgement

Sudhir Raosaheb Kumble v. the State of Maharashtra, BA/833/2017 (BOM), decided on 18 September 2017.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

A.S. Gadkari

Parties & counsel