Bhalchandra Pandurng Madhvi v. The State Of Mahrashtra

appa622 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.622 OF 2018 IN CRIMINAL APPEAL NO.824 OF 2011 Bhalchandra Pandurang Madhvi ...Applicant vs.

The State of Maharashtra

...Respondent

Shri Dilip Mishra for the applicant None for the respondent CORAM : A.S.OKA, & RIYAZ.I.CHAGLA, JJ.

DATE : APRIL 10, 2018 P.C.:

.

Not on board. Taken on board.

As the regular Bench presided over by Hon'ble Shri Justice S.C.Dharmadhikari has declined to take up this application, as per the general standing order issued by the Hon'ble the Acting Chief Justice, this Bench will have to hear this application. The present applicant is accused No.3 who has been convicted for the offence punishable under section 302 of the Indian Penal Code. The application for enlarging the applicant on bail has already been rejected on merits.

The applicant claims that City and Industrial Development Corporation of Maharashtra Limited has agreed to allot a certain land to him. Temporary bail is sought to enable the applicant to execute the documents. However, the applicant has not specified the nature of documents he is required to

appa622 execute and the reason why the temporary bail should be granted for that purpose. If any document is required to be executed by the applicant which does not require the presence of the applicant before any Government Officer, the Jail Authority will permit the applicant to sign any such document for facilitating allotment of land to him. If any affidavit is required to be executed, it can be done before the Jail Officer who has power to administer oath. If any registered document is to be executed, the applicant can always move this Court so that a direction can be issued to the police to bring him before the Registrar of Assurances.

Subject to what is observed above, the application is rejected. However, liberty as aforesaid to make application is kept open.

(RIYAZ.I.CHAGLA,J.) (A.S.OKA,J.)