Disposed
Amol Ashok Mali v. the State of Maharashtra
Bombay HCAPPLN/271/2018
Case brief
from the order text
What is this about?
appln 271.2018.doc IN THE HIGH COURT OF…
What the court decided
AI extract
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.
926 appln 271.2018.doc
1/2
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.271 OF 2018
Amol Ashok Mali .... Applicant Vs. The State of Maharashtra .... Respondent
Mr. Shivam Bhagwati I/by Ms. Anjali Patil for the Applicant. Ms. Veera Shinde APP for the State.
Coram : Smt. Sadhana S. Jadhav , J. Date : 26th July, 2018
P.C.:
1 Heard the learned counsel for the applicant and the
learned APP.
2 This is an application seeking directions that the application filed by the present applicant seeking enlargement on bail on 16th December 2016 below Exhibit 10 be decided expeditiously.
3 The applicant is charge-sheeted under the provisions of
MCOC Act. By an order dated 2nd July 2018, this Court had called for a report from the Special Court, Pune in respect of the delay in
926 appln 271.2018.doc
Dusane 2/2
deciding the bail application in MCOC Case No. 28 of 2016. Today
the report is received. It is a sorry state of affairs that the Special Court has also observed that the matter was adjourned from time to time for want of the arguments of the Special Public Prosecutor. The matter was adjourned from one court to another. In these circumstances, the application seeking enlargement on bail under Section 439 Cr.P.C. is pending for almost 18 months. It is incumbent upon the courts to decide the bail application as expeditiously as possible.
4 Considering the dictum of the Hon'ble Apex Court in the case of Hussain and Another Vs. Union of India, reported in A.I.R., 2017 Supreme Court, page 1362, this Court would direct the Special Judge seized with MCOC Case No. 28 of 2016 to decide the application filed by the applicant below Exhibit 10 on/or before 10th August 2018.
5 With these directions, the application stands disposed of.
( Smt. Sadhana S. Jadhav , J)
3 issues framed by the court
Whether the impugned bail application can be disposed of by directing the Special Court to decide it within a specific time limit.
What are the ramifications of the prolonged pending of bail applications in MCOC cases due to lack of arguments.
Whether the Court can direct the Special Court to decide the application by a certain date.
Colour shows how this judgement treated each authority
Hussain and Another Vs. Union of IndiaDistinguished¶18
A.I.R., 2017 Supreme Court, page 1362 · Who else cites this
Amol Ashok Mali
The State of Maharashtra
Smt. Sadhana S. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court