Central Bureau Of Investigation v. Padmasinh Patil And ANR

1 1.4405.09 appln.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4405 OF 2009 Central Bureau of Investigation .....Applicant V/s.

Padmasinh Patil and another .....Respondents WITH CRIMINAL APPLICATION NO. 248 OF 2015 IN CRIMINAL APPLICATION NO. 4416 OF 2009 Anandidevi Pawanraje @ Bupalsingh Nimbalkar ...Applicant V/s.

Dr. Padmasinha Bajirao Patil and another ....Respondents None for the Applicants Mr. Bhushan mahadik for Respondent no. 1 Mr. H. S. Venegaonkar for CBI CORAM :

NITIN W. SAMBRE, J.

DATE :

24th NOVEMBER, 2018.

2 1.4405.09 appln.doc P.C.

Pursuant to the Court's query, both the learned counsel submit that the trial in the matter has already commenced and has reached to the stage of recording of evidence. The Respondent-accused whose bail is sought to be cancelled is on bail since last 9 years. At this stage, the learned counsel for the Applicant Shri. Venegaonkar would urge that the learned Court below, while granting bail, has made certain observations which will prejudice the rights of the Prosecution.

In the aforesaid background, particularly having regard to the fact that the trial in the matter has already commenced by recording of evidence and the Respondent-accused is on bail for last more than 9 years, it will be appropriate to dispose-of this Application by recording an assurance of the Respondent-Accused that he shall cooperate with the Prosecution and the Court below in expeditious disposal of the trial. He shall not seek any unnecessary adjournments

3 1.4405.09 appln.doc so as to prolong the trial.

The Trial Court is expected of to decide the trial without being influenced by any of the observations made in the order cancelling the bail or granting the bail. The learned Court below shall proceed with the matter after the stay granted by the Apex Court will be vacated. Criminal Application no. 4405 of 2009 stands disposed of. [NITIN W. SAMBRE, J.]