The High Court disposed of the bail applications as withdrawn. The applicant was ill and the trial court had been approached for expedition. The court directed the trial court to conclude the trial within four months.
Bail applications disposed of as withdrawn; trial expedited to conclude within four months.
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.
39-Ia-1971-2021-In-Ba-2182-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 2182 OF 2021
WITH
INTERIM APPLICATION NO. 1971 OF 2021
Ashish Balkrishna Gupta
… Applicant
Versus
The State of Maharashtra & Anr.… Respondents
Mr. Burzin Bharucha i/b. White and Brief, Advocate for the
Applicant.
Mr. S. R. Agarkar, APP for the Respondent – State.
Mr. Ashutosh Thipsay a/w Ms. Heena Shaikh i/b. M. V. Kini & Co.,
for Respondent No.2 in Bail Application (Air India/original
Complainant).
Mr. Madhukar Devji Kadam, API, Bangur Nagar Police Station,
Present.
PER COURT:
1.The applicant is in custody in connection with C.R. No.
I-179 of 2015 registered with Bangur Nagar Police Station for
offences under Section 409 and 420 of Indian Penal Code.
2.Bail application No. 2182 of 2021 is preferred seeking
Digitally signed by SAJAKALI SAJAKALI LIYAKAT LIYAKAT JAMADAR JAMADAR Date:2021.09.29 17:57:54 +0530
bail pending trial. Interim Application No. 1971 of 2021 is for
interim bail. FIR was registered vide C.R. No. I-179 of 2015 with
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39-Ia-1971-2021-In-Ba-2182-2021.doc
Bangur Nagar Police Station. It was alleged that applicant failed to
make payment to International Air Transport Association
(“I.A.T.A.”) which was due to complainant/Air India.
3.Applicant was arrested on 8th November, 2017. Charge-
sheet was filed on 4th January, 2018. This Court rejected bail
application of applicant on 30th October, 2018. The applicant
preferred application for bail on medical ground. Temporary bail
was granted for 12 weeks on 8th January, 2019. The applicant had
approached apex Court for interim bail and the Court did not grant
relief. The applicant surrendered on 26th April, 2019.
4.The applicant preferred Writ Petition No.912 of 2019.
By order dated 25th June, 2019 the proceedings before trial Court
were stayed. The applicant preferred application for bail before
Sessions Court on 27th June, 2019. Application was rejected on 2nd
December, 2019. On 5th February, 2020, applicant was granted bail
on Medical ground for 12 weeks. On 30th April, 2020 bail was
extended for 12 weeks. On 16th February, 2021 bail was granted on
medical ground for 8 weeks. It was extended till 26th April, 2021
and 1st July, 2021. Further prayer for extension was rejected on 30th
June, 2021. The applicant surrendered on 5th July, 2021.
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39-Ia-1971-2021-In-Ba-2182-2021.doc
5.The applicant was in custody from 8th November, 2017
- 7th February, 2019, 26th April, 2019 - 7th February, 2020, 5th July,
2021 till date.
6.Learned counsel for the applicant on instructions
submitted that the petition has been withdrawn by the applicant.
He produced order dated 20th September, 2021. The applicant is
ailing. He is in custody for substantial period of time and hence the
trial may be expedited with directions to conclude it within a
period of four months. The Writ Petition No. 912 of 2019 was
withdrawn by applicant to enable the trial Court to proceed with
the matter. On instructions, the application for bail may be allowed
to be withdrawn.
7.Learned counsel for the complainant submitted that
the trial Court has been communicated the order dated
20th September, 2021, withdrawing the Writ Petition and stay being
vacated. The proceedings are posted before the trial Court for
further hearing on 4th October, 2021.
8.Considering the submission of learned counsel for the
applicant, the trial Court can be directed to proceed with the trial
and conclude it expeditiously.
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ORDER
(i) Bail Application No.2182 of 2021 and Interim
Application No. 1971 of 2021 are disposed of as withdrawn.
(ii) Trial is expedited.
(iii) Learned Magistrate is requested to conclude the trial
expeditiously within a period of four months from the date of
the receipt of this order.
(iv)The order shall be communicated to trial Court
immediately.
(PRAKASH D. NAIK, J.)
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2 issues framed by the court
Whether the bail applications should be disposed of as withdrawn given the withdrawal of the writ petition and illness of the applicant.
Whether the trial court should be directed to conclude the trial expeditiously.
2 provisions across 1 enactments
Ashish Balkrishna Gupta
The State of Maharashtra
Prak ash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court