Disposed

Filman Barhan Ghebramariyam v. the State of Maharashtra

Bombay HC13 Dec 2019APPLN/192/2019

Case brief

AI extract

What is this about?

In an NDPS case, the applicant was granted bail earlier but remained in custody due to failure to execute the PR bond. The High Court concerned held that cash bail cannot be granted to the foreign national applicant and instead directed the Sessions Court to conclude the trial within four months.

What did the court decide?

Sessions Court directed to conclude the trial within four months.

1.This is an application for modification of order dated 1st March 2018 passed by Additional Sessions Judge, Pune, granting bail to the applicant in NDPS Case No.6 of 2018. The applicant was directed to be released on bail on executing PR bond of Rs.1 lakh with one or two sureties in the like amount.

2.Learned advocate for applicant submitted that although he was granted bail by order dated 1st March 2018, he continued to be in custody for want of executing PR bond as stipulated in order dated 1st March 2018. It is submitted that the applicant may be released on cash bail so that he may avail of the bail facility. It is also submitted that passport of the applicant is in custody of investigating officer.

3.Learned APP, on instructions, submitted that trial has commenced and one witness has been examined. The next date for hearing before the Sessions Court is on 2nd January 2020. The case is posted for recording evidence of panch witnesses. The prosecution proposes to examine about 10 witnesses.

4.Considering the fact that the applicant is a foreign national, the request of cash bail cannot be granted. However, considering the fact that trial has already commenced, the Sessions Court can be directed to conclude the trial expeditiously. Since the prosecution intends to examine about ten witnesses out of which one witness has been examined, the Sessions Court shall conclude the trial within four months. Criminal Application No.192 of 2018 is disposed of in above terms.

Filman Barhan Ghebramariyam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Filman Barhan Ghebramariyam v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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