M. G. Hariprasad Nair v. The State (Administration Of Daman)

1 of 2 15.APL.118.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.118 OF 2016 M.G.Hariprasad Nair Applicant versus The State and another Respondents Mr.Niteen Pradhan with Mr.Ashok Mishra and Mr.Elton George i/by M/s.Solicis Lex for Applicant.

Mrs.Purnima Kantharia for Respondent no.2.

Mrs.Rutuja Ambekar, APP, for Respondent no.1. CORAM :

PRAKASH D. NAIK, JJ.

DATE :

8th August 2017 PC :

1.

Leave to amend to carry out corrections in the cause title of the application. Amendment to be carried out during the course of the day. 2.

Learned counsel for applicant tenders affidavit dated 8th August 2017 stating that summary report is accepted by Trial Court. The affidavit is taken on record and marked "X" for identification. 3.

This is an application challenging the order dated 21st January 2016 passed by Sessions Court at Daman setting aside the order granting bail to the applicant passed by learned Magistrate in Criminal Miscellaneous application No.43 of 2015 which is arising out of FIR No.3 of 2015, dated 25th February 2015.

4.

This application came up for hearing before this Court on 3rd February 2016 wherein ad-interim relief was granted and the impugned order was stayed.

2 of 2 15.APL.118.2016 5.

During pendency of this application, the prosecution has submitted `summary' report before the Trial Court. In pursuant to that, the Trial Court has passed an order on 5th August 2017 accepting the summary report filed by the investigating officer and the proceedings against the accused are dropped.

6.

It is submitted that in view of closure of the proceedings in the light of order dated 5th August 2017, the order passed by Sessions Court has to be set aside.

7.

It is not disputed by learned counsel appearing for RespondentState that summary report has been accepted by the Trial Court. In view of that, the application has to be disposed off by setting aside the order dated 21st January 2016 passed by Sessions Court in Miscellaneous Criminal Application No.19 of 2015 in M.C.R. No.3 of 2015 registered with Nani Daman Police Station. 8.

Accordingly, Criminal Application is allowed. The order passed by Sessions Court, Daman dated 21st January 2016 in Criminal Miscellaneous Application No.19 of 2015, in M.C.R. No.3 of 2015 registered with Nani Manan Police Station, is set aside. No order as to costs.

(PRAKASH D. NAIK, J.) MST