Allowed

Milind Balkrushna Kini v. the State of Maharashtra

Bombay HC11 Mar 2021BA/929/2021

Case brief

AI extract

What is this about?

The High Court allowed withdrawal of a pending bail application after finding a gross violation of judicial discipline. The lower court improperly rejected a bail plea while this high court's petition was pending. The applicant is now directed to approach the Sessions Court unstinted by the withdrawal.

What did the court decide?

The bail application is allowed to be withdrawn.

Milind Balkrushna Kini Vs the State of Maharashtra — Bail and Remand | Bombay HC (2021)

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33-BA-929-21.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.929 OF 2020

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Milind Balkrushna Kini.... Applicant
versus
State of Maharashtra.... Respondent

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Mr.Ajit Kenjale, Advocate for Applicant.

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• Ms.Pallavi N. Dabholkar, APP for the State/Respondent.

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CORAM: SARANG V. KOTWAL, J.
DATE: 11th MARCH, 2021

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P.C. :

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1. Learned counsel for the Applicant prays for withdrawal

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of this application. In this matter, certain things have transpired
which are not approved by this Court. The Applicant had
preferred this application before this Court, which was pending.
In the meant time, the Applicant filed Bail Application u/s 437
of Cr.P.C. before Judicial Magistrate First Class, Mahabaleshwar.

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During the course of argument in that Court it was pointed out
that this application is pending before this Court and yet the
learned Magistrate entertained the bail application before him
and rejected it.

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Nesarikar

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2 / 2 33-BA-929-21.odt

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2. This is in gross violation of judicial discipline. This

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Court strongly disapproves such course of action adopted by
Judicial Magistrate First Class, Mahabaleshwar. In any case, that
application was rejected. Therefore, the Applicant now can
approach Court of Sessions, for his release on bail. If such
application is filed, it shall be decided by the Court of Sessions
without being influenced by the withdrawal of this application.

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3. Hence, the following order :

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O R D E R

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(i) The application is allowed to be withdrawn.

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(ii)A copy of this order shall be sent to the
Judicial Magistrate First Class,
Mahabaleshwar, who had passed order in
the bail application preferred by the accused
u/s 437 of Cr.P.C.

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(iii)Application stands disposed of accordingly.

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(SARANG V. KOTWAL, J.)

Milind Balkrushna Kini v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Milind Balkrushna Kini 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

Statutes considered

Parties & counsel

Coram

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