High Court dismissed an anticipatory bail application. The bench held that the applicant had the liberty to approach the Trial Court as the previous order remained valid. Since no change in facts occurred, the present application was not entertained and was dismissed.
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.
ssm 1 39-ba3315.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 3315 OF 2018
Bhimrao Narayan Ahire ….Applicant.
Vs.
The State of Maharashtra ….Respondent.
Mr. Niranjan Mmundargi I/by Hulyalkar & Associates for the Applicant.
Mr. Amit Palkar APP, for the Respondent-State.
CORAM : A. S. GADKARI, J. DATE : 18th MARCH, 2019.
P.C.:-
The Applicant had earlier preferred an Application for bail
bearing No.2040 of 2018. The said Application was disposed of as withdrawn by the co-ordinate bench (Shri Nitin W. Sambre, J.) by its Order dated 21st November, 2018. By the said Order, the Applicant was granted liberty to approach afresh before the learned Trial Court if the trial is not concluded within one year from the date of passing of the said Order. In view of the decisions of the Hon'ble the Supreme Court in the cases of State of Maharashtra Vs. Captain Buddhikota Subha Rao, AIR 1989 SCC 2292 and State of Bihar Vs. Rajballav Prasad alias Rajballav Prasad Yadav (2017) 2 SCC 178, this matter ought to
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ssm 2 39-ba3315.18.doc
have been placed before the same co-ordinate Bench.
As the co-ordinate Bench is not available, this Application is taken up for hearing by this Court.
The record clearly indicates that, the period enumerated by Order dated 21st November, 2018 is not yet over and in furtherance thereof, the Applicant without approaching the Trial Court has filed the present Application.
2 There is no change in the facts and circumstances than which was prevailing on 21st November, 2018. I find no reason to entertain the present Application and the same is accordingly dismissed.
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2 issues framed by the court
Whether this bail application should be entertained given that the period granted to approach the Trial Court has not expired.
Whether new grounds for bail exist to warrant entertaining a fresh application after a previous one was withdrawn.
Colour shows how this judgement treated each authority
State of Maharashtra Vs. Captain Buddhikota Subha RaoReferred¶13
State of Maharashtra Vs. Captain Buddhikota Subha Rao, AIR 1989 SCC 2292 · Who else cites this
State of Bihar Vs. Rajballav Prasad YadavReferred¶13
State of Bihar Vs. Rajballav Prasad alias Rajballav Prasad Yadav (2017) 2 SCC 178 · Who else cites this
Bhimrao Narayan Ahire
The State of Maharashtra
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
