Bombay High CourtBA/1471/2015others disposed off

Nilesh Ramesh Chavan v. The State Of Maharashtra

2016-02-05Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 ba.1471-2015.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE BAIL APPLICATION NO.1471 OF 2015 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- None for applicant.

Ms. Rutuja Ambekar APP for State.

CORAM : A.S. GADKARI, J.

DATE : 5th February 2016.

P.C.:

This is an application received through jail. The applicant has made a grievance that he is not being produced before the Trial Court regularly, though his trial pertaining to Sessions Case No.655 of 2013 has commenced. He has also prayed for bail on the same count that he is not being produced regularly before the Trial Court due to which he is suffering hardship.

Shri Bharat M. Bhosale, Superintendent of Mumbai Central Prison has filed a detailed affidavit dated 18.12.2015. In the said affidavit, he has stated that the applicant was being regularly produced before the Trial Court. He has also given the details of some dates on which the applicant could not be produced for want of police escort from the Local Arms Division. He placed on record the communication made by the Jail Authority with the Local Arms Division, Naigaon, Mumbai.

Dond 2/2 ba.1471-2015.sxw The learned APP on instructions submitted that the last date of hearing of Sessions Case No.655 of 2013 was 4th February 2016 and the applicant was produced on the said date. In the said affidavit, it has been specifically and categorically stated that the applicant was continuously produced before the Trial Court from 5.6.2015 till 13.12.2015. It appears from the record that the applicant is now being produced before the Trial Court in Sessions Case No.655 of 2013 regularly. In view of the same, the grievance of the applicant as of today does not survive, and the application is accordingly disposed off. (A.S. GADKARI, J.)