High Court enlarged petitioner accused on bail in pending Criminal Appeal filed against acquittal. Court noted his willingness to cooperate and fixed conditions for release including bond and appearance.
Petitioner enlarged on bail till disposal of Criminal Appeal No.274 of 2011 on bond of Rs.10,000 with two sureties.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Eleventh day of September Two Thousand Seventeen
PRESENT
The Honble Mr.Justice M.M.SUNDRESH and The Honble Mr.Justice N.SATHISH KUMAR
CRL MP(MD) No.8222 of 2017 IN CRL A(MD) No.274 of 2011
MALIK BATCHA ... PETITIONER/ACCUSED NO.16
STATE REPRESENTED BY THE INSPECTOR OF POLICE
CBI/SCB/CHENNAI. ... RESPONDENT/COMPLAINANT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to Enlarge the Petitioner / Accused No. 16 on bail in Crl. A (MD) No. 274/2011 on the file of the Honourable Court.
Prayer in CRL A(MD). 274/ 2011 :
to set aside the Judgement dated 09.12.2009 in SC No.3/2009 on the file of the Hon'ble Principal District and Sessions Judge, Madurai
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.M.A.JINNAH, Advocate for the petitioner and of MR.NAGENDRAN, Special Public Prosecutor (CBI CASES) for the Respondent the court made the following order:-
(Order of the Court was made by M.M.SUNDRESH.J.,)
This petition has been filed by the petitioner, who is arrayed as accused No.16 in S.C.No.3 of 2009, on the file of the learned Principal District and Sessions Judge, Madurai, seeking to enlarge him on bail in Crl.A.(MD) No.274 of 2011, pending on the file of this Court.
Act, 1992. Accused No.17 was charge-sheeted for the offence punishable under Sections 217 and 221 IPC. The learned Principal District and Sessions Judge, Madurai, by judgment, dated 09.12.2009, acquitted the accused Nos.1 to 17. Aggrieved by the order of acquittal passed in S.C.No.3 of 2009, the Criminal Appeal has been preferred by the State.
sd/-
11/09/2017 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MADURAI
2 THE CHIEF JUDICIAL MAGISTRATE https://hcservices.ecourts.gov.in/hcservices/ MADURAI
ORDER IN CRL MP(MD) No.8222 of 2017 IN CRL A(MD) No.274 of 2011 Date :11/09/2017
SMA/PM-PN/SAR-1/15.09.2017:2P/7C
2 issues framed by the court
Whether the petitioner accused No.16 is eligible for bail enlargement after being arrested on non-bailable warrant during pending criminal leave.
Whether the petitioner should be granted bail till the disposal of the pending Criminal Appeal filed against the order of acquittal.
4 provisions across 3 enactments
MALIK BATCHA
STATE REPRESENTED BY THE INSPECTOR OF POLICE CBI/SCB/CHENNAI.
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
