Application for cancellation of bail under Section 439(2) Cr.P.C. rejected. High Court held registration of subsequent NCRC during pendency of trial is not an overwhelming ground for cancellation when trial commenced after bail.
Rejection of the application for cancellation of bail
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2024:BHC-AUG:4661
{1}
922-APPLN-859-2024
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 859 OF 2024
Kalyan Trimbak Ughade ….Applicant
VERSUS
The State Of Maharashtra And Others …..Respondents
Mr. A.V. Lavte, Advocate for applicant. Mr. S.B. Jadhav, APP for respondent No. 1-State.
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 05th MARCH, 2024
ORDER :
Bhagyawant Punde
{2} 922-APPLN-859-2024
“6, The applicant has now come with a case that threat was given to him for taking the case back and nocognizable offence has been registered on 07.08.2021. It has not been brought on record either by the applicant or by the prosecution that the police had taken further action in the nature of permission under Section 155(2) of Cr.P.C. for the inquiry nor the applicant had filed any private complaint before the concerned Magistrate. When the authenticity of the complaint which has been treated as non-cognizable has not been tested, this Court cannot curtail the liberty of the respondent No.1 on such ground. Hence, the application therefore stands. Rejected.”
Bhagyawant Punde
{3} 922-APPLN-859-2024
[NITIN B. SURYAWANSHI, J.]
Bhagyawant Punde
2 issues framed by the court
Whether an NCRC filed after bail grant is an overwhelming ground to cancel bail when trial has commenced
Whether Sessions Court erred in not cancelling bail despite breach of condition regarding non-offence of similar nature
Colour shows how this judgement treated each authority
Subhash Shivram Hiwale Vs. Kanifnath Manik MavasFollowed¶17
Application for Cancellation of Bail No. 180/2021 (Subhash Shivram Hiwale Vs. Kanifnath Manik Mavas)
1 provisions across 1 enactments
Kalyan Trimbak Ughade
The State Of Maharashtra
Nitin B. Suryavanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
