Pawandeepsingh Mahendrasingh Kohli v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 579 OF 2021 Pawandeepsingh Mahendrasingh Kohli Applicant

Versus

The State of Maharashtra Respondent Mr. Joydeep Chatterji, Advocate for the applicant. Mr. P.P. Chavan, Special Prsecutor for respondent/State. WITH BAIL APPLICATION NO. 350 OF 2021 Laxman Mariba Waghmare Applicant

Versus

The State of Maharashtra Respondent Mr. A.B. Ghule, Advocate for the applicant.

Mr. P.P. Chavan, Special Prsecutor for respondent/State. CORAM : M.G. SEWLIKAR, J.

DATE : 27th October, 2021.

PER COURT :

1.

Shri Chavan, learned Special Prosecutor is present. He invites attention of this Court to the order of the Honourable Supreme Court passed in Writ Petition (Criminal) No. 245/2021

- 2 - Ramesh Nagnath Kadam vs. The State of Maharashtra and others by which, fve trials are transferred to the City Civil and Sessions Court, Mumbai for trial according to law. Instant bail applications arise out of one of such trials.

2.

Learned counsel Shri Chatterji submits that the territorial jurisdiction of this Court to deal with these trials is not taken away. Only the trials are transferred. This Court, therefore, still has jurisdiction to decide the applications for bail. 3.

Learned Special Prosecutor has apposed it. He states that once a trial is transferred, all the applications fled in such trial also are deemed to be transferred.

4.

I am in agreement with the submissions made by learned Special Prosecutor. Once trial is transferred, the Court is expected to stay its hands off from dealing with any application arising out of it. In this view of the matter, I deem it appropriate to transfer these bail applications to the Principal Seat, Mumbai. 5.

Registry to act in accordance with the order of the

- 3 - Honourable Supreme Court in Writ Petition (Criminal) No. 245/2021 (supra) at the earliest.

( M. G. SEWLIKAR ) Judge dyb