Ramjan Hasan Maldar v. State Of Maharashtra

Tikam 1/2 904- ABA 1517 of 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION VAISHALI ANIL TIKAM ANTICIPATORY BAIL APPLICATION No. 1517 OF 2022 Ramjan Hasan Maldar ...Applicant Vs.

State of Maharashtra

...Respondent

by VAISHALI ANIL TIKAM Date:

2022.06.10 14:08:05 +0530 * * * * Samir A. Kumbhakoni for Applicant Mr. P.H. Gaikwad APP for the State/Respondent Coram : Sandeep K. Shinde, J.

Dated: 9 th JUNE, 2022.

P.C. :

1.

Heard Mr. Kumbhakoni, learned counsel appearing for the Applicant and Mr. Gaikwad, learned APP for the State. 2.

Although Section 438 of the Criminal Procedure Code gives concurrent jurisdiction to High Court and Sessions Court to consider a bail application of an accused, yet, as a matter of ordinary practice and judicial discipline applicant is expected to approach Sessions Court, first and thereafter, to this Court.

Tikam 2/2 904- ABA 1517 of 2022 Having regard to the facts of the case, I do not see any reason to make exception, to ordinary practice, for entertaining this application for pre-arrest bail. In that view of the matter, the Applicant may approach the Court Sessions. Application is disposed of in the aforesaid terms. It is made clear, I have not heard the applicant on merits.

(Sandeep K. Shinde, J.)