Kedar Dilip Kelaskar v. The State Of Maharashtra

1 912-BA No.1384-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1384 OF 2019 Kedar Dilip Kelaskar ] ... Applicant

Versus

The State of Maharashtra ] ... Respondent Ms. S.H. Gangal i/b Mr. Gaurav Hemant Gangal, Advocate for the Applicant.

Mr. Y.M. Nakhwa, APP for State/Respondent.

CORAM :- SARANG V. KOTWAL, J.

DATE :- 26 th JULY, 2019.

P. C. :- 1.

Ld. Counsel for the applicant makes a statement that, during pendency of this application, the applicant is already released on bail pursuant to the order passed by the Ld. J.M.F.C. at Shriwardhan. Ld. Counsel for the applicant is not aware which Magistrate has passed this order. Since, the matter was pending before this court, it was not proper for that court to entertain such application for bail. It is not clear whether the pendency of this application was made known to Purti Parab

2 912-BA No.1384-19.doc the court granting bail to the applicant. This is a serious matter which needs to be dealt with seriously. Hence, the following order.

ORDER

1.

The District and Sessions Judge, Raigad, shall find out which court in his jurisdiction had granted bail to the present applicant, in respect of C.R. No.90/2017 registered at Shriwardhan Police Station, District Raigad u/sec. 420, 406, 409 of I.P.C. 2.

The Ld. Sessions Judge, shall direct the court granting bail to the applicant to find out whether the applicant had apprised the concerned court about pendency of the instant application before this court. If it is not so mentioned, then the court granting bail to the applicant shall take appropriate steps against the applicant in accordance with law.

3.

With these observations, the application is disposed of. (SARANG V. KOTWAL, J.) Purti Parab