Mishrilal Ramadhar Dubey @ Abdurrahaman Dubey S/O Ramadhar Dubey v. State Of Maharashtra And ANR

bipin prithiani 14-ba-3991.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3991 OF 2024 Mishrilal Ramadhar Dubey @ Abdurrahaman Dubey s/o Ramadhar Dubey ...

Applicant

Versus

The State of Maharashtra & Anr.

...

Respondents ****** Adv. Udaya S. Samudrala a/w Shivesh J. Upadhyay and Udaybhan Tiwari for the Applicant.

Ms. N. Punde, Spl. P. P. a/w Ms. Mamta Omle for Respondent/ CGST.

****** CORAM: MANISH PITALE, J.

DATE : 11th NOVEMBER 2024 P.C. :

.

In this application, the applicant is facing prosecution for offence under the Central Goods and Services Tax Act, 2017 (CGST Act). It is an admitted position that charge-sheet is already filed.

2.

During the course of arguments, it was alleged on behalf of the contesting respondent No.2 that the trial is being delayed by the applicant, as he has not engaged Advocate and even when legal-aid was offered to him, he has refused to take legal-aid. It appears that the applicant himself wants to conduct the trial, including cross-examining witnesses of the prosecution. BIPIN DHARMENDER PRITHIANI DHARMENDER PRITHIANI Date: 2024.11.11 18:53:21 +0530 3.

The learned counsel for the applicant submits that the trial

bipin prithiani 14-ba-3991.24.doc has not progressed and it is delayed due to the fact that he has not been produced even once before the concerned Court. 4.

The rival contentions can be properly examined only if the roznama of the concerned Court is produced for perusal of this Court. In that light, the learned counsel for the applicant seeks short adjournment.

5.

It is to be noted that while the respondent No.2 has uploaded its reply affidavit, the same has not been shared with this Court. The Registry is directed to ensure that the reply affidavit is shared before the next date of listing. In any case, a physical printout of the reply affidavit has been tendered. The same is taken on record for convenience.

6.

List the application for further consideration on 18th November 2024 (High on Board).

7.

In the meanwhile, the parties may produce additional documents.

MANISH PITALE, J.