Dinesh Bhabootmal Salecha v. Directorate Of Revenue Intelligence And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3186 OF 2022 Dinesh Bhabootmal Salecha ...

Applicant

Versus

Directorate of Revenue Intelligence & Anr.

...

Respondents Dr. Sujay Kantawala a/w Mr. Yogesh Rohira, Ms. Aishwarya Kantawala i/by Leena Patil for the Applicant. Mr. Advait M. Sethna a/w Ms. Ruju R. Thakker and Mr. Rangan Majumdar for the Respondent No.1-DRI.

Mr. M. G. Patil, APP for the Respondent No.2-State. CORAM: R. N. LADDHA, J.

DATE : 5th DECEMBER, 2022 P.C. :- .

Learned counsel for the Applicant, on instructions, seeks leave to withdraw the Application with liberty to approach the Sessions Court. However, he submits that since the applicant was not produced before the concerned Court within 24 hours of being apprehended, there is a violation of the constitutional mandate. Therefore, he sought direction to the concerned Sessions Court to decide the bail application immediately. Learned counsel for the Applicant relied on the judgments of this Court in (i) Suaibo Ibow Cassama v/s. Union of India and Anr.1, and (ii) Aleksander Kurganov v/s. State and Anr.2 1993 SCC OnLine Bom 254 2021 SCC OnLine Bom 150

2.

Also heard Mr Sethna, learned counsel for Respondent No.1. He submits that he has no objection to withdrawal of the Application. He however submits that the request of the learned counsel for the Applicant to decide the Application to be filed before the Sessions Court is unreasonable. He relied on the judgment of this Court in Ankit Ghanshyam Mutha v/s. Union of India and Ors.3 3.

Both the learned counsel, however, agreed to cooperate with the concerned Sessions Court for disposal of the Application to be filed before it expeditiously and within four days from the filing of the Application before the concerned Sessions Court. 4.

Since the violation of the constitutional mandate is alleged, and both the learned counsel agreed to dispose of the Application to be filed before the concerned Court expeditiously and within four days from the date of filing of the application. In view of this, the concerned Sessions Court to decide the Bail Application of the Applicant expeditiously and within four days from the date of filing of the Application, on its own merits, uninfluenced by the withdrawal of this Application. Needless to state that the learned Sessions Court will consider the judgments cited by both the learned counsel while deciding the Bail Application to be before it. 2020 SCC OnLine Bom 121

5.

The Applicant is permitted to withdraw the present Bail Application with the liberty to move before the Sessions Court. 6.

Bail Application stands disposed of as withdrawn, with liberty as prayed.

7.

It is made clear that this Court has not examined the matter on merits.

R. N. LADDHA, J.

DHARMENDER PRITHIANI Date: 2022.12.06 17:37:05 +0530 BIPIN DHARMENDER PRITHIANI