Vivek Krishnamurari Shrivastav v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.914 OF 2022 IN CRIMINAL APPEAL NO.252 OF 2019 Vivek Krishnamurari Shrivastav ...

Appellant Vs.

State of Maharashtra and another ...

Respondents WITH INTERIM APPLICATION NO.916 OF 2022 IN CRIMINAL APPEAL NO.261 OF 2019 WITH INTERIM APPLICATION NO.915 OF 2022 AND INTERIM APPLICATION (ST.) NO.2417 OF 2020 IN CRIMINAL APPEAL NO.250 OF 2019 WITH INTERIM APPLICATION NO.917 OF 2022 AND INTERIM APPLICATION NO.2630 OF 2021 IN CRIMINAL APPEAL NO.251 OF 2019 WITH INTERIM APPLICATION NO.918 OF 2022 IN CRIMINAL APPEAL NO.253 OF 2019 ---------- Mr. Niranjan Mundargi a/w. Mr. Veerdhawal Deshmukh i/b. Mr. Satish S. Sharma for Applicant in IA/914/2022.

Mr. Satish S. Sharma for Appellant in Appeal/252/2019. Mr. H. S. Venegaonkar for Respondent-UOI.

Ms. G. P. Mulekar, APP for Respondent-State.

CORAM : S. S. SHINDE & SARANG V. KOTWAL, JJ.

DATE : MARCH 30, 2022 P.C. :

.

This is an application through jail for temporary bail for 90 days. 1/3

2.

Since this is a matter through jail, we appoint Advocate Niranjan Mundargi to espouse the cause of the applicant. 3.

Heard Mr. Mundargi, learned counsel for the applicant and Mr.Venegaonkar, learned counsel for the respondent-UOI. 4.

It is pointed out that the applicant had preferred Criminal Application No.175 of 2019 in Criminal Appeal (St.) No.149 of 2019 for his release on bail during the pendency of the appeal. The Division Bench of this Court, on merits, rejected the said application vide order dated 12.02.2020.

5.

Today this application is before us for consideration of temporary bail on the ground of spread of omicron virus. 6.

Mr. Venegaonkar, learned counsel for the respondent opposes the application on the ground that the prevailing situation of covid pandemic is subsiding.

7.

Mr. Mundargi, learned counsel for the applicant submitted this application may be considered sympathetically. 8.

Having perused the order dated 12.02.2020 rejecting the earlier bail application of the applicant on merits as also considering the prevalent situation, we do not think this is a fit case in which temporary bail can be granted to the applicant on the ground of outburst of covid2/3

19 pandemic and we deem it appropriate to reject the application. Interim Application No.914 of 2022 stands rejected accordingly. (SARANG V. KOTWAL, J.) (S. S. SHINDE, J.) Minal Parab 3/3