The High Court held it was officio functus unable to grant temporary bail in a dismissed appeal. It directed the applicant to prefer a parole application on ground of illness of his mother instead.
Applicant directed to prefer parole application on ground of mother's illness.
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.
jdk 1 3.cr.appa.387.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 387 OF 2018 IN
CRI. APPEAL NO. 361 OF 2011
Chandrakant Vishnu Shewale .. Applicant
Vs.
The State of Maharashtra .. Respondent
None for the Applicant Mrs. G.P.Mulekar A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI ACTING C.J. AND M.S.SONAK, J.
DATED : APRIL 23, 2018
P.C.:
1 This application has been preferred by the applicant in Criminal Appeal No. 361 of 2011. The applicant was accused no.4 in the said case. In the present application, the applicant has prayed that the applicant be released on temporary bail on the ground of illness of his father.
2 The Office record shows that Cri. Appeal No. 361 of 2011 has been dismissed by this Court on 5.2.2015, hence, now this Court is officio functus and cannot consider the said
1 of 2
kandarkar
jdk 2 3.cr.appa.387.18.doc
prayer for temporary bail, however, it would be open to the applicant to prefer an application for parole to the competent authority on the ground of illness of his mother. If such an application is preferred, the same to be considered expeditiously by the concerned authorities.
M.S.SONAK, J. ACTING CHIEF JUSTICE
2 of 2
1 issue framed by the court
Whether the High Court, being functus officio after dismissing the underlying appeal, can grant temporary bail in that same appeal.
Chandrakant Vishnu Shewale
The State of Maharashtra
V.K. Tahilramani
M.S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
