Mukti Bavisi v. The State Of Maharashtra

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05-ia-st-7021-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION (ST) NO. 7021 OF 2020 IN CRIMINAL BAIL APPLICATION (ST) NO. 4818 OF 2020 Mukti Bavisi .... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Rahul Gaikwad a/w. Ritika Bharadia for Applicant. Ms. Rutuja Ambekar, APP for State/Respondent. Mr. Ashish Gabhale i/b. Ramesh Dubepatil for Intervenor (PMC Bank).

----- CORAM :SARANG V. KOTWAL, J.

DATE :22nd DECEMBER, 2020 P.C. :

1.

This Interim Application is preferred for directions to the jail authorities to provide the applicant with home cooked food and in the alternative to provide the applicant with Jain food in the judicial custody.

2.

The learned APP, as well as, the learned counsel for the applicant pointed out that the trial is pending before the Digitally signed by Pradeepkumar P. Deshmane Date:

2020.12.22 17:15:02 +0530 Gokhale Pradeepkumar P. Deshmane

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05-ia-st-7021-20.odt Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai. The learned APP submitted that these prayers can more advantageously be considered by the trial court, as the applicant is in judicial custody of that court.

3.

In view of these submissions of the learned APP, the learned counsel for the applicant prays for withdrawal of this application with liberty to the applicant to approach that court for the same relief.

4.

Permission is granted.

5.

The applicant is permitted to withdraw this application with liberty to approach the court of Additional Chief Metropolitan Magistrate, 47th Court, Esplanade, Mumbai for the same relief as claimed in this interim application.

6.

If such application is filed, the learned trial Judge shall decide it in accordance with rules and law in that behalf. 7.

This Interim Application is disposed of in the aforesaid terms.

(SARANG V. KOTWAL, J.)