Vishal Ashok Khawale v. The State Of Maharashtra

Dusane 1/2 wp898.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.898 OF 2017 Vishal Ashok Khawale ....

Petitioner Vs.

The State of Maharashtra ....

Respondent Mr. Bharat K. Manghani, Advocate for the Petitioner. Mr. V.B. Konde-Deshmukh, A.P.P. for the respondent- State. Coram : Smt. R.P. SondurBaldota, J.

Date : 8th March, 2017 P.C.

The only relief sought in this petition filed by the petitioner is a direction to the Sessions Court to pass orders on the application filed by the petitioner at Exhibit 41 for bail. The Roznama shows that the application, which was filed by the petitioner on 3rd August, 2016 was heard on 31st August, 2016 and adjourned for orders to 16th September, 2016. Since then, it is pending for orders till date. Mr. Konde-Deshmukh, the learned APP submits to the orders of the Court in the petition. It is shocking that an application for bail which concerns personal liberty of the petitioner is kept pending for

Dusane 2/2 wp898.2017 passing orders for almost six months after hearing submissions thereon. Considering the nature of the application, the learned Judge ought to have passed orders thereon either on the very date of hearing or at least on the date to which it was adjourned. It is unfortunate that the petitioner is required to approach this court for such relief. Hence, the Writ Petition is allowed in terms of prayer clause (a) with a direction that the trial Court shall decide the application at Exhibit 41 within a period of two weeks from today.

Parties to act on authenticated copy of this order. (Smt. R.P. SondurBaldota, J.)