Ashok Raghunath Desai And ANR v. The State Of Maharashtra

Tilak 1/2 (2)APPP-113-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.113 Of 2015 IN CRIMINAL BAIL APPLICATION NO.1248 of 2014 Ashok Raghunath Desai and Anr .. Applicants

Versus

The State of Maharashtra .. Respondent --- Mr.Tejas Hilage, Advocate for the applicants. Mr.Dhananjay Kendre i/b Mr.Ingole, Advocate for the Intervenor. Mr.Deepak Thakre, APP for the Respondent State. --- CORAM : ABHAY M. THIPSAY, J.

DATED : 13th MARCH, 2015 --- P.C. :

Heard Mr.Tejas Hilage, learned counsel for the applicant. Heard Mr.Deepak Thakre, learned APP for the State. Heard Mr.Dhananjay Kendre, learned counsel for the First Informant.

It is submitted that the condition no (ii) imposed by this Court in its order dated 15th July 2014 be relaxed. The said prayer is made basically on two grounds . The first is that about seven months are passed since the imposition of the said condition, but the trial has not yet commenced. The second is that a similar condition imposed upon the co-accused has been relaxed by the Court of Sessions. In view of this submission, it

Tilak 2/2 (2)APPP-113-15 appears proper to direct the applicant to approach the Court of Sessions itself for relaxation of the condition no.(ii) imposed by this Court in its order dated 15th July 2014. It is made clear that the Court of Sessions shall consider the matter on merits, and decide it in accordance with law without being influenced by the fact that the said condition has been imposed by this Court.

Application is disposed of with the aforesaid directions and observations.

(ABHAY M.THIPSAY, J)