Criminal bail application withdrawn by applicant who had already been granted bail by Additional Sessions Judge, Kalyan. Court directed lower court to inform it about pendency to avoid obtaining orders by suppression.
Application allowed to be withdrawn and disposed of. Directions issued to additional sessions judge to inform about pendency.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 74 OF 2020
Murkuraj Unnikrishnan Nair.... Applicant
Versus
The State of Maharashtra.... Respondent
Mr. Omkar Nagwekar i/b. Prabha U. Badadane for Applicant.
Mr. S. S. Pednekar, APP for State/Respondent.
CORAM:SARANG V. KOTWAL, J.
DATE:17th JULY, 2021
(Through Video Conferencing)
P.C. :
1.At the outset, learned counsel for the applicant prays
for withdrawal of this application. Learned counsel for the
applicant states that the applicant is already released on bail by
the Additional Sessions Judge, Kalyan vide order dated
04/09/2020.
2.Learned APP has produced a copy of that order passed
by the Additional Sessions Judge on 04/09/2020 below Exh.13 in
Bail Application No.531/2019. A copy of the said order is taken on
record and marked ‘X’ for identification.
Gokhale
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3.The record shows that, this application was filed in this
court in January 2020 and since then it is pending. Therefore,
obviously, during pendency of this application, Additional Sessions
Judge, Kalyan has granted bail to the applicant. Therefore, it is
necessary to find out whether the applicant has played any
mischief by not informing the Additional Sessions Judge, Kalyan
about pendency of this application and if he has obtained orders
from the sessions court by suppressing this important aspect.
4.Hence, the following order :
ORDER
(i)The application is allowed to be withdrawn.
(ii)Learned Additional Sessions Judge, Kalyan shall
take corrective measures if the fact of pendency
of this application before this court is not made
known to him, in the proceeding before him.
(iii)Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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1 issue framed by the court
Whether the bail application allowably withdrawn upon applicant securing release from sessions court during its pendency.
Murkuraj Unnikrishnan Nair
The State of Maharashtra
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court