Dismissed

Sunil Sahdev Raul v. the State of Maharashtra

Bombay HC18 Jun 2013APPP/208/2013

Case brief

AI extract

What is this about?

This order deals with a criminal application for withdrawal of a bail petition. The applicant had approached the Sessions Court directly without applying to the Magistrate. The court granted permission to withdraw the present application and engaged with the Magistrate to dispose of the future bail application expeditiously.

What did the court decide?

Permission granted to withdraw the criminal application; application stands dismissed.

Sunil Sahdev Raul Vs the State of Maharashtra — Bail and Remand | Bombay HC (2013)

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6-APPP-208-2013-BA-1369-2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO.208 OF 2013 IN CRIMINAL BAIL APPLICATION NO.1369 OF 2012

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SUNIL SAHDEV RAUL )...APPLICANT

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V/s.

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THE STATE OF MAHARASHTRA

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)...RESPONDENT

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Mr.Prashant Badole Advocate for the Applicant.

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Mrs.R.V.Newton APP for the State.

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Investigating Officer Mr.Pramod Vinayak Bhosale, P.S.I., present in the court.

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CORAM: ABHAY M. THIPSAY, J.

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DATE : 18^th JUNE, 2013.

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P.C. :

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1 Heard Mr.Prashant Badole, the learned counsel for the applicant, and Mrs.R.V.Newton, the learned APP for the State.

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2 The say filed by the Investigating Officer addressed to the Public Prosecutor, has been tendered before this court by the learned APP. The same is taken on record.

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6-APPP-208-2013-BA-1369-2012

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3 It is a fact that the applicant has remained in custody for a period of one year. It is also a fact that three of the totally five arrested accused, including the present applicant, have been released on bail by the Magistrate.

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4 It appears that the applicant did not make any application for bail before the Magistrate. He straightaway approached the court of Sessions for bail, which application was rejected by the court of Sessions.

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5 In my opinion, when some of the accused in this case have been released on bail by the Magistrate, and when the entire chargesheet is before the Magistrate, it would have been easier for the Magistrate to appreciate whether or not, to grant bail to the applicant. The Magistrate also would be in a better position to ascertain whether the trial can be expeditiously held, and if not, then he would be able to consider the question of grant of bail in that context also.

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6 In view of the fact that no application for bail was preferred by the applicant before the Magistrate, after the filing of the charge-sheet, the learned counsel for the applicant seeks permission to withdraw the present application, stating that he would file another before the Magistrate.

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7 Needless to say, that, in the event of such an application being filed, the learned Magistrate shall consider the same on merits,

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6-APPP-208-2013-BA-1369-2012

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without being influenced in any manner, that the previous application for bail filed by the applicant was rejected by the court of Sessions.

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8 The application is allowed to be withdrawn and stands dismissed as such, with the aforesaid observations.

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9 In the event of the applicant making an application for bail before the learned Magistrate, the learned Magistrate shall dispose of the application expeditiously, and preferably, within a week from the date on which it is made.

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(ABHAY M. THIPSAY, J.)

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Sunil Sahdev Raul v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sunil Sahdev Raul v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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