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Bombay High CourtBA/111/2021allowed

Badruddin S. Manihar v. The State Of Maharashtra

2021-01-11Hon'Ble Shri Justice Prakash D. Naik2 pages

rpa 1/2 19-bast-7992-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION (STAMP) NO.7992 OF 2020 Badruddin S. Manihar .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Prashant Pandey a/w. Mr.Bilal Ahmed Siddiqui, Advocate for the Applicant.

Mrs.Anamika Malhotra, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

JANUARY 11, 2021.

P.C. :

This is an application for bail in connection with C.R.No.304 of 2020, registered with B.K.C.police station. Learned APP, on instructions, submits that on completing investigation, charge-sheet is filed against the applicant three days ago. Applicant's application was rejected by the learned Special Judge. While rejecting application for bail, it was Digitally signed by RajeP. Aher Date:

2021.01.12 14:08:48 +0530 RajeP.

Aher observed that the investigation is going on and this is not a proper stage to release the applicant on bail. In view of this, keeping all the contention open, the applicant can prefer an

rpa 2/2 19-bast-7992-2020.doc application for bail before the Special Court. Learned advocate for the applicant, on instructions, seeks permission to withdraw this application with liberty to prefer application for bail before the Special Court.

Hence, I pass the following order:

:: O R D E R ::

(i) Bail Application No.7992 of 2020, is disposed of; (ii) The application is allowed to be withdrawn with liberty to prefer application for bail before the Special Court;

(iii) In the event the application for bail is preferred by the applicant before the Special Court, the same shall be decided expeditiously on merits and uninfuenced by the previous order dated 2nd December, 2020;

(iv) All contentions are kept open;

(PRAKASH D. NAIK, J.)