Khajappa @ Khaju @ Raju Nagappa Ghar v. The State Of Maharashtra

Nalawade A.S.

1 /2 BA-1846-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1846 OF 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Santosh Charifor the Applicant.

Ms.S.S.Kaushik, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

26.11.2015 P.C.

This is the second bail application by the applicant. By an order dated 21.1.2015 this court had rejected the application of the applicant by giving directions to the trial court to commence and complete the trial of the Sessions Case No.49/12 expeditiously and within stipulated period mentioned therein. Liberty was granted to the applicant to move or renew his prayer for bail before the appropriate forum if the trial did not complete within the said period. In pursuance of the liberty granted by this court by order dated 21.1.2015 the applicant has preferred this

Nalawade A.S.

2 /2 BA-1846-15 application before this court for regular bail. 2) A perusal of the order dated 21.1.2015 passed by my predecessor (Shri. P. D.Kode, J.) demonstrates that the said liberty which was granted by the applicant to renew the prayer for bail before the appropriate forum. In my opinion the applicant ought to have file appropriate proceeding before the learned trial court at the first instance and ought not to have file fresh application before this court.

3) In view of the above, learned counsel for the applicant seeks liberty to withdraw the present application with further liberty to file application for bail before the trial court. Liberty granted. Application is disposed of as withdrawn.

(A.S. GADKARI, J.)