Kunal Ganesh Padmakar v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2 OF 2015 Kunal Ganesh Padmakar ... Applicant Vs.

The State of Maharashtra & Anr.

... Respondents Mr. S.K. Halwasia i/by M/s. Halwasia & Co. for the Applicant. Mrs.M.H. Mhatre, APP for the Respondent No.1. Mr. Rajesh Khobragade a/w Ms. Sapna Khobragade, Mr. Pushkar Verma and Ms. Gayatri Nayak i/by Mr. Sandeep D. Sherkhane for the Respondent 2.

CORAM : A.S. OKA & A.A. SAYED, JJ.

DATE : 22nd AUGUST, 2016 P.C.

.

Heard the learned counsel appearing for the Applicant, the learned counsel appearing for the second Respondent and the learned APP for the first Respondent. Prima facie, it appears to us that the impugned order dated 17th December, 2014 by which bail granted to the Applicant is cancelled is completely illegal. There is no finding recorded by the Sessions Judge that the Applicant committed any breach of condition of bail or that he has misused the liberty granted under the order of bail.

Hence, we issue Rule. The Respondents waives service. Ad-

interim relief granted on 2nd January, 2015 will continue to operate as interim relief.

After this order was passed, the learned counsel appearing for the second Respondent states on instructions that the impugned order may be set aside. However, it may be clarified that this order will not come in the way of filing a fresh application for cancellation of bail on the grounds other than the grounds which were urged while passing the impugned order. The said request is reasonable. Accordingly, we pass the following order :-

ORDER

(i) The impugned order dated 17th December, 2014 is quashed and set aside and the application being Miscellaneous Application Exhibit-5 in Sessions Case No.744 of 2014 stands rejected;

(ii) This order will not preclude filing of a fresh application for cancellation of bail granted to the Applicant. We however, make it clear that such application cannot be filed on the grounds which were taken in application at Exhibit 5. We also make it clear that we have made no adjudication on the question whether any ground is

available for cancellation of bail. All contentions in that behalf are kept open;

(iii) Rule is made partly absolute on above terms. (A.A. SAYED, J ) (A.S. OKA, J )