Single-judge High Court rejected a second bail application citing no change in circumstances after the first was declined. Granted liberty to approach the Trial Court if proceedings delay beyond one year.
Liberty to file fresh bail application before Trial Court if trial does not commence within one year.
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.
907-ba-564-18
Nalawade
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 564 OF 2018
Faiyaz @ Faiz Shaikh & anr. vs. The State of Maharashtra
Office Notes, Office Memorandam of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders
Mrs. Pooja Sejpal for the Applicant. Mr. A.R. Kapadnis, APP for the Respondent-State.
CORAM : A.S.GADKARI, J. DATE : 13th April, 2018
P.C.
bearing B.A. No. 820 of 2017 was rejected by a speaking Order
dated 2.5.2017. A perusal of record would indicate that, there is no change in circumstance, least to say any substantive change in circumstance for reconsidering the application for bail of the applicant on merits. The application is accordingly rejected.
Mumbai and now culminated into Sessions Case No.178/2017
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907-ba-564-18
(A.S.GADKARI, J.)
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2 issues framed by the court
Whether bail should be granted to the applicant given the rejection of the earlier bail application without change in circumstances.
What liberty, if any, should be granted to the applicant if the trial does not commence within a stipulated period.
Faiyaz @ Faiz Shaikh & anr.
The State of Maharashtra
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
