Ajit Ramchandra Polekar v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4724 OF 2024 Ajit Ramchandra Polekar ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Shailesh D. Chavan a/w Mr. Hrishikesh Avhad, for the Applicant.

Mr. C. D. Mali, APP, for the Respondent - State. Mr. Suresh Jaybhay, P.S.I., Sinhagad Road Police Station, District - Pune, present.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

22nd NOVEMBER 2024 PC:- 1.

Heard Mr. Chavan, learned Counsel appearing for the Applicant and Mr. Mali, learned APP appearing for the RespondentState. 2.

By order dated 19th November 2024, this Court has directed the authorities of Sassoon Hospital, Pune to submit report to this Court regarding health condition of the Applicant as it was pointed out to this Court that the Applicant has been admitted in the

Sassoon Hospital and as the Applicant is suffering from heart ailment and requires immediate cardiac treatment. 3.

However, Mr. Mali, learned APP, points out order dated 11th November 2024 passed by the learned JMFC wherein, learned JMFC has recorded that without informing the Court the Investigating Officer has admitted the Applicant in the Sassoon Hospital, Pune. Mr. Mali, learned APP also pointed out order dated 15th November 2024 passed by the learned Additional Sessions Judge, Pune below Exhibit-5 in Bail Application No.6786 of 2024 in Sessions Case No.87 of 2023. In the said order, learned Additional Sessions Judge, Pune recorded that the Applicant was absconding for more than 2 years, the investigation in respect of the Applicant is not completed and charge-sheet is also not filed. It is further recorded that the Accused was remanded to Magistrate custody but the Investigating Officer admitted him in Sassoon Hospital without order of the Magistrate. Thus, it is clear that the conduct of the Applicant shows that the Applicant is highly influential person and influencing the Police Authorities. He was absconding for 2 years. Therefore, no case is made out for granting any immediate relief.

4.

Learned APP to file affidavit-in-reply. Let such reply be filed on or before 6th December 2024.

5.

Stand over to 11th December 2024.

In the afternoon session:

6.

Mr. Chavan, learned Counsel for the Applicant mentions the matter in the afternoon session and seeks withdrawal of this Bail Application which has been filed for temporary bail. 7.

Accordingly, the Bail Application is allowed to be withdrawn and disposed of as such.

[MADHAV J. JAMDAR, J.]