Rajesh Tulsidas Nakhua v. The Senior Inspector Of Police And ANR

Vina k sr.12.ba.1180.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1180 of 2017 Mr. Rajesh Tulsidas Nakhua ...Applicant

Versus

The State of Maharashtra

...Respondent

WITH CRIMINAL APPLICATION NO. 454 of 2017 IN CRIMINAL BAIL APPLICATION NO. 1180 of 2017 Mrs. Nutan Lalit Mange In the mattter between Mr. Rajesh Tulsidas Nakhua ...Applicant

Versus

The State of Maharashtra

...Respondent

---------- Mr. Rizwan Merchant, Mr. Ashutosh Shukla, Swapnil Wagh for the applicant.

Mr. V. V. Gangurde, APP for the respondent-State. Mr. R. S. Sawant for the intervener.

---------- CORAM :

PRAKASH D. NAIK, J.

DATE :

29 JUNE 2017 P.C. :

1.

Learned APP submits that during the pendency of this application, on completion of investigation, the chargesheet has been filed against the applicant. The earlier application preferred by the applicant was rejected by the Sessions Court on 28 April, 2017 which was prior to filing of chargesheet.

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Vina k sr.12.ba.1180.2017.doc 2.

In view of filing of the chargesheet against the applicant during pendency of this application, the applicant can prefer a fresh application before the Sessions Court.

:: ORDER ::

(i) In view of the filing of the chargesheet during the pendency Criminal Bail Application no.1180 of 2017 is disposed of with liberty to the applicant to file a fresh application for bail before the Sessions Court.

(ii) The Sessions Court shall decide the fresh application for bail without being influenced by rejection of earlier application for bail vide order dated 28 April, 2017. Considering the fact that the applicant is in custody since 29 March, 2017, it is expected that the Sessions Court would decide the application for bail preferred by the applicant as expeditiously as possible. (iii) Bail Application stands disposed of with liberty as stated above.

(iv) In view of the disposal of Bail Application No.1180 of 2017, Criminal Application No.454 of 2017 stands disposed of. [PRAKASH D. NAIK, J.] 2/2