Two Criminal Applications seeking bail were filed after the High Court found a positive finding of mistake in the trial court's cancellation order. The court directed the release of the applicants on bail subject to conditions.
Released on bail in the sum of Rs.50,000/- each with sureties in the like amount and P.R.bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE
CRI.APPLICATION NO.224 OF 2011
Mr.Prashant SumanPrakash Saxena.. Applicant
The State of Maharashtra .. Respondents
with CRI.APPLICATION No.826 OF 2011
Mr.Chandresh Sumanprakash Saxena .. Applicant
The State of Maharashtra .. Respondents
Mr.Kamlesh Gujar for Applicant in Cr.Appln no.224/2011
Mr.Pankaj Kawale for Applicant in Cri.Appln.no.826/2011
Mr.A.S.Shitole APP for State
CORAM : K.U.CHANDIWAL, J
DATE : 21st September, 2011
P.C.
Asst.Commissioner of Police, Traffic Control Branch,
Thane in both Criminal Applications filed. Copy
received by counsel for the Applicants.
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Applications.
3. In C.R.No.156/2009 on 9.8.2009 accused-applicant
Prashant and Chandresh were arrested. Since charge sheet
was not filed in the statutory period in terms of section
167 (2) Cr.P.C., On 28.10.2009 the learned Judge directed
the Accused-Applicant to be released on bail. On 16.12.2009
an application was moved by police seeking cancellation of
bail as police desired to apply provisions of the
Maharashtra Control of Organised Crime Act (MCOC Act.)
Consequent upon such Application, the learned 9th J.M.F.C. at
Thane cancelled the bail to the Applicant by order dated
17.12.2009. This cancellation is undisputedly without any
prior notice to the Applicants. Few of the suspects other
than Prashant and Chandresh challenged the said orders of
cancellation of bail before the Additional Sessions Judge
and succeed. Prashant moved the learned Sessions Judge
subsequently seeking to challenge the cancellation.
However, there was delay of around 171 days. The learned
Judge felt it to be 240 days and did not condone the same.
Consequently, Revision came to be dismissed. Chandresh did
not challenge the said order of cancellation of bail before
the Additional Sessions Judge and has filed the present
proceedings.
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4.Other Accused namely Amit Bhoja Safalia @ Shetty moved
Criminal Application No.239/2011 before this Court in terms
seeking bail though it was styled as Application under
section 482 Cr.P.C. By order dated 19.7.2011 the said Amit
Bhoja Safalia @ Shetty was directed to be released on bail.
Application of Rishikant Ravindra Raut along with two other
Accused was entertained by the learned Additional Sessions
Judge and those three persons were directed to be released
on bail and they had accordingly enjoyed bail.
5.On going through the facts of the matter, it is more
than clear that the learned Additional Sessions Judge has
recorded a positive finding of mistake in the order of
cancellation of bail and same does not call for any
interference and added to it this Court in the matter of
Amit Bhoja Safalia @ Shetty directed to be released on
bail. Same principle would have to be followed to the extent
of present two Applicants Prashant and Chandresh.
Hence, the following order :
6.The Accused-Applicant Prashant Sumanprakash Saxena
(ApplicationNO.224/2011)andApplicantChandresh
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Sumanprakash Saxena (Application No.826/2011) be released on
bail in the sum of Rs.50,000/- (Fifty thousand only) with
sureties in the like amount and P.R.bond. Accused-
Applicants shall attend Shreenagar police station on first
Sunday of each English calender month between 3 to 7 p.m.,
commencing from 1.10.2011 till disposal of the case.
Applications allowed.
K.U.Chandiwal, J
2 issues framed by the court
Whether the cancellation of bail granted by the trial court should be quashed or the applicants be released on bail.
Whether the delay in challenging the earlier cancellation order precluded the present application.
2 provisions across 1 enactments
Prashant Sumanprakash Saxena
Chandresh Sumanprakash Saxena
The State of Maharashtra
K.U. CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court