Bail application dismissed for non-appearance of the applicant. The court noted the trial was nearing final arguments and directed the trial court to conclude the case within two months, citing a Supreme Court observation urging expeditious disposal.
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.
514-BA-1545-2024.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO.1545 OF 2024
Bapu @ Kumar Prabhakar Nair…Applicant
Versus
State of Maharashtra…Respondent
None for the Applicant.
Mr. S. M. Mangaonkar, APP, for the Respondent-State.
CORAM :MADHAV J. JAMDAR, J.
DATED :APRIL 19, 2024
P.C.:
1. None appears for the Applicant in the morning session. Therefore, the matter is kept in the afternoon session. In the afternoon session also none appears for the Applicant.
2. However, Mr. Mangaonkar, learned APP in the morning session pointed out that even copy of the Application is not served, however, in the afternoon session he states that he has gone through the Court papers and has taken instructions. He submitted that the matter is kept on 25th April 2024 for arguments.
3. Learned APP points out the Order dated 13th October 2023
passed by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.)
No.13017 of 2023. The said Order reads as follows:-
“It is pointed out that the prosecution and defence
1
514-BA-1545-2024.doc
evidences have been closed; the statement under Section 313
of the Code of Criminal Procedure, 1973 has been recorded;
and the matter is now fixed for final arguments. However, the
Presiding Judge has been transferred and a new Presiding
Judge is yet to take charge of the matter.
Be that as it may, we are not inclined to entertain the
present special leave petition and the same is dismissed.
We hope and trust that the new Presiding Judge will
be appointed, and the trial would conclude with judgment as
soon as possible.
Pending application(s), if any, shall stand disposed of.”
4. Mr. Mangaonkar, learned APP states that the case is fixed for arguments on 25th April 2024.
5. Accordingly, the learned Trial Court is requested to conclude the trial by passing final Judgment within a period of two months from today.
6. Learned Advocates appearing for the State of Maharashtra and Accused to give complete co-operation to the learned Trial Court to dispose of the Sessions Case within a period of two months.
7. Accordingly, the Bail Application is disposed of.
[MADHAV J. JAMDAR, J.]
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1 issue framed by the court
Whether the bail application should be admitted and heard in the absence of the applicant?
Colour shows how this judgement treated each authority
Special Leave to Appeal (Crl.) No.13017 of 2023Referred¶13
Special Leave to Appeal (Crl.) No.13017 of 2023
1 provisions across 1 enactments
Bapu @ Kumar Prabhakar Nair
State of Maharashtra
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court