The State Of Maharashtra v. Gulchand Janardhan Dolas

2-appln-77-2021 and 80-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.77 OF 2021 The State of Maharashtra ... Applicant Vs.

Gulchand Janardhan Dolas ... Respondent WITH CRIMINAL APPLICATION NO.80 OF 2021 The State of Maharashtra ... Applicant Vs.

Deepak Rambhaji Padekar & Anr.

... Respondents ---- Ms.M.M. Deshmukh, for the Applicant-State in both Applications.

---- CORAM : C.V. BHADANG, J.

NILAM SANTOSH KAMBLE NILAM SANTOSH KAMBLE Date: 2022.01.05 17:43:51 +0530 DATE : 5 JANUARY 2022 (Through Video Conferencing) P.C.

.

These applications are for cancellation of bail granted to the Respondents-Accused. The learned Additional Public Prosecutor points out that, a similar application for cancellation is filed before the learned Sessions Judge at Khed-Rajgurunagar, District-Pune, which is pending. It is pointed out that according to the Applicant-State certain material aspect was not pointed out N.S. Kamble page 1 of 2

2-appln-77-2021 and 80-2021 to the Sessions Judge which has resulted into the grant of the bail to the Respondent-Accused.

2.

In view of the fact that the ground for cancellation is of suppression of material facts before the Sessions Judge, it would be proper for the State to prosecute the application for cancellation of bail, before the concerned Sessions Judge, in the first instance.

3.

In that view of the matter the present applications are not entertained at this stage. The Applications are accordingly disposed of with liberty to the State to prosecute the application for cancellation before the Sessions Judge on all available grounds.

4.

It is made clear that this Court has not expressed any opinion on the merits of the prayer for cancellation. Rival contentions of the parties on merits are left open. C.V. BHADANG, J.

N.S. Kamble page 2 of 2