Bombay High CourtBA/1664/2017allowed to be withdrwan at final hearing stage

Adwait Amrish Goel v. The State Of Maharashtra And ORS

2017-07-21Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1664 OF 2017 Adwait Amrish Goel .. Applicant vs State of Maharashtra .. Respondent Mr.Nitin Pradhan I/b Mr.S.Mishra for Applicant Mr.Arfan Sait APP for State Ms.Rucheeta Dhuru for Respondent no.3 Mr.R.V.Sarang API Samta Nagar police station present CORAM : PRAKASH D.NAIK J DATE : 21 JULY 2017.

P. C.

This is an Application for bail in connection with C.R.No.262 of 2017 registered with Samta Nagar police station, Kandivli, Mumbai for the offence under sections 376, 417,323 IPC. The learned APP and the learned counsel appearing for Respondent no.3 submitted that the Applicant has not preferred application before the Sessions Court and he has directly moved the Application before this Court.

Mr.Pradhan learned counsel for the Applicant submitted that in the peculiar circumstances, he had preferred this Application

directly before this Court. It is submitted that the Applicant is a student of B.Tech and the Academic year has already started from 17.7.2017. He submitted that as per the rules and regulations, 100% attendance is required. He further submitted that taking into consideration the nature of the allegations, he has preferred this Application before this Court.

Considering the fact that the Applicant has not preferred Application for bail before the Sessions Court, the Applicant is at liberty to prefer such Application before the Sessions Court. No exception can be made to entertain the Application directly before this Court. It is submitted that the Sessions Court may be directed to decide the aplication for bail preferred by applicant expeditiously. Considering the submissions advanced by the learned counsel for the Applicant that the Applicant is a student of B.Tech and required to attend the Course, the Sessions Court can be directe to expedite the hearing of the application. It is submitted that the Applicant would immediately prefer an Application before the Sessions Court. 4.

In view of the aforesaid circumstances, following order:

O R D E R

(i) Bail Application No.1664 of 2017 is allowed to be withdrawn with liberty to prefer an Application before the Sessions Court.

(ii) In the event the Application for bail is preferred by the Applicant before the Sessions Court shall be expeditiously decided by the Sessions Court within a period of one week.

Application stands disposed of.

(PRAKASH D.NAIK, J)