Jaspritsingh @ Sonu @ Bimari S/O. Gurumitsingh Sindhu Through, Ranjit Kaur W/O Gurmit Singh Sindhu v. The State Of Maharashtra

911 B.A. No 180-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.180 OF 2023 JASPRITSINGH @ SONU @ BIMARI S/O. GURUMITSINGH SINDHUTHROUGH, RANJIT KAUR W/O GURMIT SINGH SINDHU

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Bodke Patil Poonam V. APP for Respondent: Mr. S. P. Deshmukh CORAM : S. G. MEHARE, J.

DATE : 17.02.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent State.

2.

The learned counsel for the applicant would submit that the applicant also claims bail under Section 330 of the Code of Criminal Procedure (Cr. P. C. For short ) along with Section 439 of the Code of Criminal Procedure.

3.

The learned counsel for the applicant would submit that the prayer to grant bail under Section 330 of the Cr. P. C was not made before the Session Court. No enquiry as contemplated under Section 330 of the Cr.P.C. was held. Therefore, the Court expressed

911 B.A. No 180-2023.odt disinclination to consider her bail application under Section 330 of the Cr. P. C.

4.

The Court has also expressed disinclination to grant the bail under Section 439 of the Code of Criminal Procedure. The learned counsel for the applicant requested the Court that the applicant may be permitted to resort the remedy under Section 330 of the Cr. P. C. to seek a bail.

5.

This Court did not touch the right of the applicant to seek bail under Section 330 of the Code of Criminal Procedure. It is kept open with liberty to file fresh application.

6.

For the above reasons, the application stands disposed of as withdrawn.

( S. G. MEHARE ) JUDGE ysk