In Criminal Bail Application No. 630 of 2021, the High Court of Bombay dismissed the bail application as misconceived because the applicant failed to utilize the liberty granted earlier to approach the Trial Court within a stipulated period.
Application dismissed by reserving the liberty granted on 25.01.2018 for future filing in the Trial Court.
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.
15-S-Ba-630-2021.odt
Osk
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 630 OF 2021
Sunil Suresh Khatpe… Applicant
V/s.
The State of Maharashtra… Respondent
Mr.Vinod S. Chate a/w. Mr.Kalpana V. Chate and Mr.Pavan Vadgaonkar i/b.
Chate & Associates for Applicant.
Mr.S.S. Hulke, A.P.P. for Respondent-State.
API Mr.G.S. Todkar, DCB CID, Unit-X is present.
CORAM : A.S. GADKARI, J.
DATE : 7th July 2022.
P.C. :
1. It clearly appears that, without availing the liberty granted to
Applicant by Order dated 25th January 2018 i.e. to file a fresh application for
bail before the Trial Court, if the trial arising out of C.R. No. 56 of 2015
originally registered with M.I.D.C. Police Station, Mumbai, does not conclude
within a period of one year from the date of passing of the said Order, the
Applicant has directly approached this Court by filing present Application.
2.Present Application therefore is misconceived and is accordingly
disposed off by reserving the liberty granted to the Applicant by Order dated
25th January 2018.
[A.S. GADKARI, J.]
This Order is modified/corrected by Speaking to Minutes Order dated 20/07/2022.
Digitally signed OMKARSHIVAHAR by OMKARSHIVAHARKUMBHAKARN KUMBHAKARN Date: 2022.07.20 15:00:03 +0530
1/1
1 issue framed by the court
Whether the bail application is maintainable when the applicant approached the High Court without availing the liberty granted to file a fresh application before the Trial Court.
Sunil Suresh Khatpe
The State of Maharashtra
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court