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MOSIN v. THE STATE THROUGH S.H.O.

Supreme Court of India | Diary 10231/2019

Status

ROP - of Main Case

Decided On

04-04-2019

Bench

HON'BLE MR. JUSTICE L. NAGESWARA RAO and HON'BLE MR. JUSTICE M.R. SHAH

Petitioner

MOSIN

Respondent

THE STATE THROUGH S.H.O.

Primary Holding

A blanket judicial direction restraining an accused from applying for bail until conclusion of trial is impermissible; courts may instead permit fresh bail applications after a reasonable specified period if trial remains unconcluded.

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Full Judgment Text

ITEM NO.12 COURT NO.11 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10231/2019 (Arising out of impugned final judgment and order dated 02-04- 2018 in CRLP No. 200123/2018 passed by the High Court Of Karnataka At Kalaburagi) MOSIN Petitioner(s) VERSUS THE STATE THROUGH S.H.O. Respondent(s) (FOR ADMISSION and I.R. and IA No.51507/2019-CONDONATION OF DELAY IN FILING and IA No.51509/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 04-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE M.R. SHAH For Petitioner(s) Mr. Sirajudeen, Sr. Adv. Mr. Prakash Jadhav, Adv. Md. Afzal Ansari, Adv. Mr. Sanjeev Kumar, Adv. Mr. Arockia Raj, Adv. Mr. Anirudh Sanganeria, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. There is no ground for interference with the impugned order. While dismissing the bail application, the High Court observed that the petitioner shall not be entitled to bail till the trial is concluded. The learned senior counsel for the petitioner submits that such a sweeping direction would 1

prejudice the petitioner, especially in case the trial is delayed for no fault of his. We modify the order of the High Court and permit the petitioner to move the application for bail after a period of one year from today if the trial is not concluded during that period. The Special Leave Petition is disposed of. Pending application(s) also stand disposed of. (GEETA AHUJA) (KAILASH CHANDER) COURT MASTER (SH) ASSISTANT REGISTRAR 2

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