In an application for temporary bail regarding a dismissed criminal appeal, the High Court held that it was functus officio and could not grant bail. The applicant was directed to seek parole instead.
Rejection of application for temporary bail; directive to seek parole from competent authority.
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.
919-APPA-389-18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 389 OF 2018 IN
CRIMINAL APPEAL NO. 68 OF 2011
Dhairyasheel Sampat Kamble ...Applicant / Appellant Versus The State of Maharashtra ...Respondent
Ms Nasreen S. K. Ayubi – Advocate appointed for Applicant / Appellant.
Mrs. G. P. Mulekar – APP for the Respondent - State.
CORAM : SMT. V. K. TAHILRAMANI, Acting C.J. & M. S. SONAK, J. DATE : 18 APRIL 2018
P.C.
1] The applicant has preferred this application in
criminal appeal no. 68 of 2011. In this application, the applicant has prayed for temporary bail of one month on the ground that his mother is ill. Criminal appeal no. 68 of 2011 has been dismissed by this Court by judgment and order dated 29th August 2013. By the said judgment and order, the conviction of the applicant / appellant under section 302 came to be confirmed. In view of the fact that criminal appeal no. 68 of 2011 has been disposed of by this Court, this court is now functus officio and hence it is not possible to grant the prayer of the applicant for temporary
919-APPA-389-18
bail. However, it will be open to the applicant to prefer an application for parole on the ground that his mother is ill. The said application is to be made to the competent authority. In case such an application is made to the competent authority, the said application be decided as expeditiously as possible by the concerned authority.
(M.S. SONAK, J.) (ACTING CHIEF JUSTICE)
CHANDKA
page 2 of 2
1 issue framed by the court
Whether the High Court can grant temporary bail in an appeal after being functus officio regarding the underlying appeal.
1 provisions across 1 enactments
Dhairyasheel Sampat Kamble
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
