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Bombay High CourtBA/3489/2019others disposed off

Bhagwat @ Nandkumar Vasant Bhagwat v. The State Of Maharashtra

2020-01-27Hon'Ble Shri Justice Prakash D. Naik2 pages

Sajakali Jamadar 3-ba-3489-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3489 OF 2019 Bhagwat @ Nandkumar Vasant Bhagwat ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Shailesh I. Kantharia, Advocate for the Applicant. Mr. S. S. Pednekar, APP for the State-Respondent. .....

CORAM : PRAKASH D. NAIK, J.

DATE : 27th January, 2020 PC :

1.

The application for bail was rejected by the Sessions Court prior to the filing of charge-sheet. The learned Sessions Judge while rejecting the application had observed that the investigation is pending and during the pendency of the application, charge-sheet is filed. The applicant contends that he is in custody from 3rd November, 2019 and he is not keeping good health. 2.

Since the application filed before the Sessions Court was rejected when the investigation was in progress and in view of filing of charge-sheet the applicant can prefer application for bail before the Sessions Court. Learned counsel for the applicant on instructions submits that the application may be allowed to be withdrawn with liberty to prefer application for bail. Hence, I pass the following

Sajakali Jamadar 3-ba-3489-19.doc order :

O R D E R

i) Bail application No. 3489 of 2019 is allowed to be withdrawn and stands disposed of.

ii) The applicant is at liberty to prefer application for bail before the Sessions Court.

iii) In the event, application for bail is preferred before the Sessions Court, the same may be decided expeditiously.

iv) Application stands disposed off accordingly.

(PRAKASH D. NAIK, J.)