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Bombay High CourtBA/1156/2021allowed

Yuvraj @ Abhi Mohan Mahadik v. The State Of Maharashtra

2022-09-26Hon'Ble Shri Justice Nitin W. Sambre2 pages

501 BA-1156-21.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CRIMINAL APPELLATE JURISDICTION by BHARAT DASHARATH PANDIT Date: 2022.09.30 13:31:51 +0530 BAIL APPLICATION NO. 1156 OF 2021 Yuvraj @ Abhi Mohan Mahadik .... Applicant.

V/s The State of Maharashtra .... Respondent.

Mr. Jayant J. Bardeskar for the Applicant.

Ms. P.N. Dabholkar, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: SEPTEMBER 28, 2022 P.C.:- 1] The learned APP submits that the order passed by this Court on 26th September, 2022 be kept in abeyance for a period of four weeks from today as the State has taken a decision to question the same before the Apex Court.

2] Vide aforesaid order, this Court, by relying on the judgment of the Apex Court in the matter of Mohd. Iliyas Mohamad Bilal Kapadiya Vs. State of Gujarat reported in 2022 LiveLaw (SC) 538 has granted bail for offence under MCOCA. As far as substantial offence under the Indian Penal Code is concerned, Applicant is yet not ordered to be released by the regular Sessions Court.

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501 BA-1156-21.doc 3] In the aforesaid backdrop, in my opinion, State has enough time to question the order of this Court before the Apex Court, as Applicant is to be released in substantive offence. That being so, prayer stands rejected, particularly for the reason that order passed by this Court is based on the judgment of the Apex Court in the matter of Mohd. Iliyas Mohamad Bilal Kapadiya, citted supra.

( NITIN W. SAMBRE, J. ) 2/2