Ganesh Shivaji Chavan v. State Of Maharashtra

16 BA 896-25.doc Ashish by ASHISH SAHEBRAO MHASKE Date: 2025.08.26 18:22:34 +0530 ASHISH SAHEBRAO MHASKE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 896 OF 2025 Ganesh Chavan ... Applicant V/s.

State of Maharashtra ... Respondent Mr. Mithilesh Mishra i/b Mr. Agastya Desai for the applicant.

Mr. Sagar Agarkar, APP for respondent No.1-State. Mr. Bandgar, API, Property Cell Crime Branch.

CORAM

: AMIT BORKAR, J.

DATED : AUGUST 26, 2025 P.C.:

1.

The present application has been filed by invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C." for short). The said provision enables the High Court to make such orders as may be necessary to give effect to any order under the Cr.P.C., or to prevent abuse of the process of the Court, or otherwise to secure the ends of justice. 2.

At the outset, it needs to be noted that the present assignment before this Court is confined to hearing of regular bail applications, as also applications seeking cancellation, relaxation or modification of bail, and such other applications which are directly connected with matters concerning regular bail. The roster of this Court, therefore, is specifically restricted to bail matters.

16 BA 896-25.doc 3.

On perusal of the present application, it is clear that the applicant seeks to invoke the jurisdiction of this Court under Section 482 of the Cr.P.C. The nature of such applications is distinct from regular bail proceedings. The assignment of such matters, where the inherent jurisdiction of the Court under Section 482 of Cr.P.C. is invoked, has been earmarked to be heard by another learned Judge of this Court as per the distribution of business. 4.

In view of the above, this Court finds that the present application does not fall within the scope of the assignment presently made to this Court. Since the matter properly lies within the domain of the learned Judge who is entrusted with hearing of applications under Section 482 of Cr.P.C., it would not be appropriate for this Court to entertain the present application. 5.

Accordingly, the Registry is directed to place this application before the learned Judge who is assigned with hearing of applications filed under Section 482 of the Code of Criminal Procedure, in accordance with the roster and distribution of business.

(AMIT BORKAR, J.)