The court disposed of a bail application for a convict who committed an offence while on parole. Considering the pandemic and the time required to examine witnesses, the court directed the Sessions Judge to expedite the case disposal within six months.
Bail allowed; Sessions Judge directed to dispose the case within six months.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
BAIL APPL. NO. 3957 OF 2021
PETITIONER/ACCUSED:
SHANU RASHEED AGED 31 YEARS PALATHINKAL HOUSE, BINANIPURAM PO, BALAVADI ROAD, EDAYAR NORTH, KADUNGALLOOR ERNAKULAM, PIN – 683 501
BY ADV M.R.SASITH
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN – 682031
BY ADV.SRI.C.S.HRITHWIK - SR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3957 of 2021
2
ORDER
Dated this the 14th day of July, 2021
APPLICATION FOR REGULAR BAIL
The petitioner has approached this court with this successive bail application, the earlier bail application filed in B.A.No. 7850/2020 was dismissed by this Court mainly for the
reason that the applicant is a convict and that while he was on parole he committed the offence and therefore the applicant is not entitled to release on bail and that he has to face custodial trial. A report was called for from the jurisdictional court regarding the time that may be taken for disposal of this case.
B.A.No.3957 of 2021
3
Under the circumstances, the second bail application is
disposed of with a direction to the learned Sessions Judge to expedite disposal of this case at any rate, the matter shall be disposed of within a period of six months from the date of receipt
of the order of this Court.
Sd/-
ASHOK MENON JUDGE
SMF
//TRUE COPY// PA TO JUDGE
2 issues framed by the court
Whether bail should be granted to a convict who committed an offence while on parole given the pandemic situation.
Whether the learned Sessions Judge is directed to expedite the disposal of the case.
SHANU RASHEED
STATE OF KERALA
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
