In an application under criminal appellate/judicial review jurisdiction, the single judge held that a stay order passed during the pendency of a writ petition cannot be vacated without hearing the writ petition finally.
Application for vacation of stay order rejected.
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.
4-APPW-19-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.19 OF 2018
IN
CRIMINAL WRIT PETITION NO.2171 OF 2004
CENTRAL BUREAU OF INVESTIGATION)…APPLICANT
V/s.
ASHOK B. RAJANI AND ORS.)...RESPONDENTS
WITH
CRIMINAL WRIT PETITION NO.2559 OF 2004
BHALCHANDRA SAKHARAM KOLI & ANR.)...PETITIONER
V/s.
THE STATE OF MAHARASHTRA)...RESPONDENT
Mr.H.S.Venegaonkar, Advocate for the Applicant.
Mr.A.H.H.Ponda i/b. Mr.Ashish Raghuvanshi, Advocate for
Respondent Nos.1 and 2.
Mr.Niranjan Mundargi, Advocate for the Petitioner in Writ Petition
No.2559 of 2004.
Mr.S.V.Gavand, APP for the Respondent – State.
CORAM:A. M. BADAR, J.
DATE:13th JANUARY 2020
avk 1/2
4-APPW-19-2018.doc
P.C.:
1 This is an application by the respondent/Central Bureau of Investigation praying for vacation of stay order dated 11th July 2005 granted by this court (Coram : Abhay S. Oka, J.).2Heard the learned counsel appearing for the parties.
As the interim order was passed while admitting the writ petition
for final hearing, and that too, after hearing both the parties, the
interim order cannot be vacated at this stage, without hearing the
writ petition finally.
3 The application is, therefore, rejected.(A. M. BADAR, J.)
avk 2/2
1 issue framed by the court
Whether the stay order in the writ petition can be vacated without hearing the petition finally.
Central Bureau of Investigation
Ashok B. Rajani
Bhalchandra Sakharam Koli
The State of Maharashtra
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court