Case Note & Summary
The applicants, Omprakash Bharat Bhatkar and Sanjay Chandrakant Patharkar, were prisoners in Wardha District Prison and filed Criminal Application No. 3535 of 2009 before the Bombay High Court, Nagpur Bench, seeking bail. The respondent was the Superintendent of Wardha District Prison. The court heard the matter on 7th January 2010, with Mr. A.A. Sambharey as appointed counsel for the applicants and Mr. A.S. Sonare as the Additional Public Prosecutor for the respondent. The learned APP stated that the Investigating Officer had been examined and the prosecution had almost completed its evidence, indicating that the trial was likely to conclude soon. The court, therefore, rejected the bail request but directed the trial judge to complete the trial and render judgment within four months from receipt of the court's order. The court also ordered that the applicants be informed of the decision and that the appointed counsel be paid Rs.750 as fees.
Headnote
A) Criminal Procedure - Bail - Rejection - Trial Near Completion - The applicants sought bail during trial. The court rejected bail noting that the prosecution had almost completed its evidence and the trial was likely to conclude soon. The court directed the trial judge to complete the trial and deliver judgment within four months. (Paras 2-3)
Issue of Consideration
Whether the applicants are entitled to bail pending trial when the trial is almost complete.
Final Decision
Bail rejected. Trial court directed to complete trial and render judgment within four months from receipt of writ. Applicants to be informed. Appointed counsel to be paid Rs.750 as fees.
Law Points
- Bail rejection
- expedited trial
- completion of evidence
- direction to trial court
