Criminal applicant sought temporary bail inasmuch as his mother was ill. Court held that having already dismissed the underlying appeal, it is functus officio and cannot grant bail.
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jdk 1 3a.cr.appa.388.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 388 OF 2018 IN
CRI. APPEAL NO. 361 OF 2011
Mahesh Suresh Patil
.. Applicant
Vs.
The State of Maharashtra
.. Respondent
Ms. Rohini Dandekar Advocate appointed for Applicant Mrs. G.P.Mulekar APP for State
CORAM : SMT.V.K.TAHILRAMANI ACTING C.J. AND M.S.SONAK, J.
DATED : APRIL 23, 2018
P.C.:
2 This application has been preferred by the applicant in Criminal Appeal No. 361 of 2011. The applicant is original accused no.3 in the said case. In the present application, the applicant is praying for temporary bail for a period of two months on the ground of illness of his mother. It is stated that his mother is suffering from uterus problem.
3 The Office record shows that Cri. Appeal No. 361 of
1 of 2
kandarkar
jdk 2 3a.cr.appa.388.18.doc
2011 has been dismissed by this Court on 5.2.2015, hence, now this Court is officio functus and cannot consider the said 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.
is in Kalamba Central Prison, Kolhapur.
M.S.SONAK, J. ACTING CHIEF JUSTICE
2 of 2
1 issue framed by the court
Whether temporary bail can be granted after the court has already dismissed the criminal appeal in which the applicant was the accused.
Mahesh Suresh Patil
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
