Case Note & Summary
The applicant, Ratan Suka Lilke, filed Criminal Application No. 3150 of 2005 in Criminal Appeal No. 489 of 2005 before the Bombay High Court, seeking bail pending the hearing of his appeal. The appeal was against a conviction and sentence imposed by a lower court. The applicant was represented by Mr. M. S. Karniak, while the State of Maharashtra was represented by Mr. R. S. Khadpkar, APP. The matter came before Justice V.G. Palshikar on 17 June 2005. The court admitted the appeal and, exercising its discretion under Section 389 of the Code of Criminal Procedure, 1973, ordered the release of the applicant on bail upon furnishing a personal bond of Rs.30,000 with two sureties in the like amount. The order was passed on the same day. The judgment is brief and does not elaborate on the facts of the case or the grounds for conviction.
Headnote
A) Criminal Procedure - Bail Pending Appeal - Section 389 CrPC - Appellate Court's Discretion - The applicant, convicted and sentenced, filed an appeal and sought bail pending its disposal. The court admitted the appeal and, considering the circumstances, granted bail in the sum of Rs.30,000 with two sureties. Held that the appellate court has discretion to grant bail under Section 389 CrPC pending appeal (Para 1).
Issue of Consideration
Whether the applicant should be released on bail pending the hearing of the criminal appeal.
Final Decision
The court admitted the appeal and ordered the release of the applicant on bail in the sum of Rs.30,000 with two sureties in the like amount.
Law Points
- Bail granted pending appeal
- Section 389 CrPC
- Discretionary power of appellate court
