Bombay High CourtBA/320/2015others disposed off

Manmitsingh @ Sunny @ Gutai S/O Surendra Singh Digwa (In Jail) v. State Of Maharashtra, P.S. P.S.O. Panchpaolee Through A.C.P. Pachpaolee, Nagpur

2015-08-07Hon'Ble Shri Justice M.L. Tahaliyani1 pages

1 ba320.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 320 OF 2015 (MANMITSINGH @ SUNNY @ GULTAI SURENDRA SINGH DIGWA...VS..STATE OF MAH. THR. PSO PANCHPAOLEE, NAGPUR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : M.L.TAHALIYANI, J.

DATED : AUGUST 07, 2015.

Heard learned counsel Mr.A.K.Bhangde for the applicant and learned Additional Public Prosecutor Ms Kalyani Deshpande for the non-applicant/ State.

Perused order dated 4th April, 2014 in Criminal Application (BA) No.25 of 2014. Liberty was given to the applicant to apply for bail afresh if the occasion arises. I am informed that the trial has already begun and four witnesses are examined.

Learned counsel Mr.Bhangde submits that none of the witnesses has identified the applicant in the Court and as such the applicant has made out a case for grant of bail. In my opinion, since the trial has already begun and evidence is before the trial Court the trial Court will be in a proper position to appreciate the submissions made by the learned counsel. The applicant is at liberty to move the trial Court for grant of bail. The trial Court is directed to entertain the application and decide the same on merits.

The present application stands disposed of accordingly. JUDGE RRaut..