Viral Ramesh Desai v. State Of Maharashtra

1/2 11 APL-1248-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1248 OF 2022 Dr.Viral Ramesh Desai ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Sudeep Pasbola i/b Mr.Ayush Pasbola for the Applicant. Mr.S.R.Agarkar, A.P.P. for the State.

...

CORAM: BHARATI DANGRE, J.

DATED : 28th MARCH, 2023 P.C:- 1.

By the present application, a limited relief is sought and the learned counsel Mr.Pasbola for the Applicant would submit that since he has already exhausted the remedy available to him, being aggrieved by the order passed under Section 110(g) of Cr.P.C., the hearing of the Appeal be expedited. 2.

The Applicant is declared as desperate and dangerous person by the impugned order and he being so desperate and dangerous that if he is left at large, he would be a security hazardous to the community, the Special Executive Magistrate directed him to furnish a bond.

The Appeal came to be fled against the said order, being Cri.Appeal No.712 of 2022, which is pending before the Sessions Court at Bombay.

M.M.Salgaonkar

2/2 11 APL-1248-22.odt It is informed that the notice has been issued to the respondent, but the Appeal is not placed for fnal hearing. 3.

I do not think that there is any reason why the request in the application cannot be granted, by directing the Sessions Court to take up the Appeal for hearing, as there is no interim relief granting stay to the impugned order passed by the said Court, but this Court, by order dated 14/12/2022, considering a prima facie case being made out for grant of ad-interim relief, has granted the same in terms of prayer clause (b) of the Application, which is in force till today.

4.

Continuing the interim relief in favour of the Applicant in terms of prayer clause (b), the Sessions Court at Bombay is directed to dispose off Cri.Appeal No.712 of 2022, within a period of two months from today.

( SMT. BHARATI DANGRE, J.) M.M.Salgaonkar