Amarjeetsingh S/O Surjeetsingh Sethi And Another v. State Of Mah.Thro. Anti Corruption Bureau Akola Tq And Dist. Akola.

1 16 LDVC BA 868.2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR L.D.V.C. CRIMINAL APPLICATION (BA) NO. 868 OF 2020 Amarjeetsingh s/o Surjeetsingh Sethi and anr. ..vs..

State of Maharashtra, thr. Anti Corruption Bureau, Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.V. Sirpurkar, Advocate for applicant.

Shri S.D. Sirpuarkar, A.P.P. for State CORAM : VINAY JOSHI, J.

DATED : 23/07/2020 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

The applicant who is arrested for the commission of offence punishable under Section 7(a),7(c) and 12 of the Prevention of Corruption Act, 1988 has claim for regular bail in terms of Section 439 of the Code of Criminal Procedure, 1973.

3.

The applicant was arrested on 10.07.2020 and after facing custodial interrogation, he is in jail. It is informed that the applicant had filed bail application before the Special Court on 13.07.2020 in which the State has filed reply on 16.07.2020, and the matter was listed for hearing on 20.07.2020. It is submitted that the learned Special Judge, Akola has not finality heard the matter, and therefore, the applicant prayed for grant of interim bail which was refused. Moreover, the learned Special Judge, Akola has granted long adjournment and listed the matter

2 16 LDVC BA 868.2020 for hearing on 03.08.2020.

4.

The application for bail pertains to life and personal liberty hence ought to have decided at the earliest, if, there is no other impediment. Though the applicant has claimed for interim protection, since already bail application is pending before the Special Court there is no propriety to grant interim relief in another parallel bail application. However, there is no dispute that, the learned Special Judge has to decide the bail application expeditiously. Relying on the statement of applicant this application can be disposed of with following directions : (a) Both sides are directed to appear before the Special Court, Akola on Monday i.e. on 27.07.2020 for final hearing.

(b) The learned Special Judge, Akola shall hear the matter and decide the same within three days from the date of said hearing, if, there is no other impediment.

5.

This order be communicated to the Counsel appearing for the parties, either on the email address or on WhastApp or by such other mode, as is permissible in law. JUDGE Trupti by Rakesh Dhuriya Date:

2020.07.24 14:48:44 +0530 Rakesh Dhuriya