Subhash Venkatesh Kamat v. The State Of Maharashtra

902.BANo.27092014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CRIMINAL BAIL APPLICATION NO.2709 OF 2014 Subhash Venkatesh Kamat ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

None for the Applicant.

Mrs.M.R.Tidke, APP for the Respondent/State.

....

CORAM :

ABHAY M. THIPSAY J.

DATED :

18TH APRIL 2015 P.C.

1.

None appears for the applicant, when called out. 2.

I have gone through the report sent by the Judicial Magistrate, First Class, Pimpari, Pune. I have gone through the application. The applicant has asked either for releasing him on bail, or for directing the trials against him to be held, as far as possible, on day-to-day basis.

3.

It is seen that while rejecting the previous application for bail filed by the applicant by an order dated 31st July 2014, the applicant was given a liberty to apply for bail in accordance with Gaikwad RD 1/2

902.BANo.27092014 the provisions of Section 437(6) of the Code of Criminal Procedure. Since it appears that the recording of evidence has not yet even commenced though charge has been framed on 30th August 2014, it would be proper for the Magistrate to consider the release of the applicant on bail in accordance with the provisions of Section 437(6) of the Code of Criminal Procedure. The only requirement would be that the applicant shall make a formal application for bail before the Magistrate. In the event of such an application being filed, the learned Magistrate shall dispose of the same expeditiously and in any case, within a week. 4.

The application is disposed of accordingly.

5.

A copy of this order be forwarded to the applicant in the prison; and the Prison Administration be requested to deliver it to the applicant and report compliance to this Court. (ABHAY M. THIPSAY J.) Gaikwad RD 2/2