Appeal against rejection of bail was summarily dismissed. Court ordered bail continuation and clarified no merit determination. Appellant's property deposit is available for refund via trial court application since marriage prospect is lost.
Appellant continued on bail; respondent granted liberty to approach trial court for refund of deposit.
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.
28 - APEAL. 539-18
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 539 OF 2018
Ramjan Khalil Patel … Appellant Vs. State of Maharashtra … Respondent
Mr. P. G. Sarda, for the Appellant. Mr. H. J. Dedhia, APP for Respondent – State. Ms. Apeksha Vora, appointed advocate for Respondent No. 2.
CORAM : INDRAJIT MAHANTY, & SARANG V. KOTWAL, JJ. DATE : JANUARY 3, 2019
PC :
28 - APEAL. 539-18
furnishing PR bond in the sum of Rs. 15,000/- with one or more sureties in the like amount, and thereafter this matter appeared before this Court on several occasions and and by an order dated 3rd October, 2018 this Court was pleased to direct as follows:
“Learned counsel appearing for the Appellant on instructions makes a statement that the Appellant will deposit Rs. 1,00,000/- in the registry of Sessions Court, at Barshi, District Solapur, within four weeks from today. At the request of learned counsel appearing for the Appellant, stand over to 1 November 2018.”
28 - APEAL. 539-18
ORDER
Sd/Sd/- [SARANG V. KOTWAL, J.] [INDRAJIT MAHANTY, J.]
Vinayak Halemath
3 issues framed by the court
Whether the appeal challenging bail rejection should be pending for a marriage settlement or dismissed.
Whether the condition of marriage between parties can be met given appellant has allegedly married another.
Whether the earnest deposit made by appellant for marriage should be refundable.
Ramjan Khalil Patel
State of Maharashtra
Indrajit Mahanty
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
