Summary:
The HC also flayed trial court for allowing bail plea of the accused and directed him to surrender within a week. Nagpur: Cancelling bail of a murder accused, the Nagpur bench of Bombay High Court held that non-commencement of trial within three months can’t be a ground for granting bail. “The sessions court judge, while granting bail to accused on merits of case, stated that there is no material evidence against the accused. Subsequently, he moved the sessions court here, which granted him temporary bail.Khandke pointed out that once Potulla’s bail plea was cancelled, the second application shouldn’t have been allowed. The bail was cancelled by former sessions judge here, but his successor granted him bail, on the ground that trial against him didn’t start within three months of registration of offences, the petitioner claimed.Additional public prosecutor Sanjay Doifode strongly supported Khandke’s contentions stating that the bail granted by trial court is nothing but breach of HC’s order.“Non-commencement of trial within three months is not a ground for accused to claim bail..