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Bombay High CourtAPPLN/90/2025disposed off

Ajitkumar Dey v. State Of Maharashtra

2025-07-22Hon'Ble Shri Justice Amit Borkar1 pages

50-appln90-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.90 OF 2025 Ajitkumar Sunil Dey ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Jyotiram S. Yadav for the applicant.

ATUL GANESH KULKARNI Mrs. Shilpa G. Talhar, APP for the respondent-State. ATUL GANESH KULKARNI Date: 2025.07.22 17:44:04 +0530 Mr. Dattatraya Sonvalkar, API, Uttan Sagari Police Station, is present.

CORAM

: AMIT BORKAR, J.

DATED : JULY 22, 2025 P.C.:

1.

By this Criminal Application, essentially the applicant is seeking judicial review of condition imposed by the Sessions Court while releasing the applicant on bail. To entertain such challenge, this Court will have to invoke its power of judicial review which is not permissible in the statutory exercise of power under Section 439 of the Criminal Procedure Code, 1973, equivalent to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023. 2.

Therefore, to invoke judicial review, the applicant will have to invoke either revisional or writ jurisdiction or any other jurisdiction which entitles this Court to exercise power of review. 3.

By keeping said liberty open to the applicant, the criminal application stands disposed of.

(AMIT BORKAR, J.)