Dayanand Suryakant Salve v. The State Of Maharashtra

15-BA-1664-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1664 OF 2015 DAYANAND SURYAKANT SALVE )...APPLICANT V/s.

THE STATE OF MAHARASHTRA )...RESPONDENT Shri M.N.Gawankar, Advocate for the Applicant. Shri D.P.Adsule, APP for the Respondent - State. Shri R.S.Kane, P.I., Khar Police Station, Mumbai, present in court.

CORAM

:

ABHAY M. THIPSAY, J.

DATE :

14th SEPTEMBER 2015.

P.C. :

Shri D.P.Adsule, the learned APP for the State, on instructions from the Investigating Officer Shri R.S.Kane, P.I., Khar Police Station, Mumbai, submits that, the trial is in progress and four witnesses have already been examined. Shri Gawankar, the learned counsel for the applicant, submits that, considering the number of witnesses yet to be examined, the question of bail avk 1/2

15-BA-1664-2015.doc needs to be considered. However, when an opinion is expressed that since evidence has been recorded, it would be more appropriate for the applicant to seek bail from the trial court itself, the learned counsel for the applicant seeks permission to withdraw the application. He states that he shall make an appropriate application before the trial court for bail. The application is allowed to be withdrawn and stands dismissed as such, with liberty to the applicant to apply for bail before the trial court. In the event of such an application being made, the trial court shall dispose of the same expeditiously, keeping in mind the evidence that would be available to it by that time.

It is made clear that the trial court shall not be influenced, in any manner, by the rejection of the applicant's two previous applications for bail by this court. (ABHAY M. THIPSAY, J.) avk 2/2