Nitin Vijya Masmar v. The State Of Maharashtra

2 BA 721-25.doc Ashish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by ASHISH SAHEBRAO MHASKE Date: 2025.08.21 19:00:18 +0530 ASHISH SAHEBRAO MHASKE CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 721 OF 2025 Nitin Vijay Masmar ... Applicant V/s.

The State of Maharashtra ... Respondent None for the applicant.

Mr. Prasanna Malshe, APP for respondent No.1-State. Mr. Hitendra Chavan, P.S.I., Manikpur Police Station.

CORAM

: AMIT BORKAR, J.

DATED : AUGUST 21, 2025 P.C.:

1.

Present matter has been listed for the second time after the passing of the initial order by this Court on 24th July, 2025. On the earlier occasion, the learned Additional Public Prosecutor (APP) had sought time to obtain necessary instructions from the concerned authorities.

2.

Today, the learned APP has placed on record the communications addressed by him to the Principal Secretary, Home Department. From the perusal of the record, it is noticed that despite issuance of repeated reminders, neither cognizance of the order passed by this Court nor of the communications forwarded by the learned APP has been taken by the concerned authority. The matter, therefore, reflects a lack of seriousness on the part of the authority in complying with the directions issued by

2 BA 721-25.doc this Court. At this stage, the learned APP has again sought time to place on record the response to the order dated 24th July, 2025. 3.

This Court deems it necessary to clarify that the order passed by this Court is not for the benefit of the Court itself, but for ensuring the smooth functioning of the prosecution and to uphold the effective administration of justice. Judicial orders cannot be treated lightly or with indifference by the executive authorities, for such approach would undermine the majesty of law and the rule of law itself. If the concerned authority is of the view that the order passed by this Court does not even deserve a response, then the Court shall have no option but to resort to such measures as may be warranted in the facts and circumstances of the case, so that accountability is ensured.

4.

However, since the learned APP has prayed for time as a last opportunity, and in order to afford the concerned authority one more chance to comply with the directions issued earlier, the matter is adjourned and shall now be listed on 22nd September, 2025. No further extension of time shall be granted. 5.

List the application high on board on 22nd September, 2025. (AMIT BORKAR, J.)