Murukraj Unnikrishnan Nair v. The State Of Maharashtra

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01-ba-74-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 74 OF 2020 Murkuraj Unnikrishnan Nair .... Applicant

Versus

The State of Maharashtra .... Respondent _____ Mr. Omkar Nagwekar i/b. Prabha U. Badadane for Applicant. Mr. S. S. Pednekar, APP for State/Respondent. _____ CORAM :SARANG V. KOTWAL, J.

DATE :17th JULY, 2021 (Through Video Conferencing) P.C. :

1.

At the outset, learned counsel for the applicant prays for withdrawal of this application. Learned counsel for the applicant states that the applicant is already released on bail by the Additional Sessions Judge, Kalyan vide order dated 04/09/2020.

2.

Learned APP has produced a copy of that order passed by the Additional Sessions Judge on 04/09/2020 below Exh.13 in Bail Application No.531/2019. A copy of the said order is taken on record and marked 'X'

for identification.

Gokhale

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01-ba-74-20.odt 3.

The record shows that, this application was filed in this court in January 2020 and since then it is pending. Therefore, obviously, during pendency of this application, Additional Sessions Judge, Kalyan has granted bail to the applicant. Therefore, it is necessary to find out whether the applicant has played any mischief by not informing the Additional Sessions Judge, Kalyan about pendency of this application and if he has obtained orders from the sessions court by suppressing this important aspect. 4.

Hence, the following order :

ORDER

(i) The application is allowed to be withdrawn.

(ii) Learned Additional Sessions Judge, Kalyan shall take corrective measures if the fact of pendency of this application before this court is not made known to him, in the proceeding before him.

(iii) Application stands disposed of accordingly. (SARANG V. KOTWAL, J.)