Jyoti Janardhan Kale vs State Of Maharashtra Thr. Police ...
2021 Latest Caselaw 4636 Bom

appa167.21                                                                                                  1
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR


                       CRIMINAL APPLICATION (APPA) NO. 167/2021
                                          IN
                            CRIMINAL APPEAL NO. 615/2017
                                                Jyoti J. Kale
                                                ...VERSUS...
                                                    State
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Office Notes, Office Memoranda of Coram,                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                              Shri M.N. Ali, Advocate for the applicant/respondent no. 3
                              Ms. M. Deshmukh, APP for the State

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                              CORAM : Z.A.HAQ & AMIT B. BORKAR, JJ.

MARCH 12, 2021

By this application, the original accused no. 6 who was acquitted by the learned Sessions Judge by the judgment and order dated 07/01/2017 is seeking his release on bail. This Court by the order dated 13/12/2017 passed an order directing action under Section 390 of the Code of Criminal Procedure against the accused who were acquitted by the Sessions Court. The applicant / respondent no. 3 was arrested on 05/01/2021. After his arrest, the applicant / respondent no. 3 filed an application before the learned Sessions Judge for his release on bail. The learned Additional Sessions Judge, Nagpur by the order dated 18/02/2021 held that since the appeal is pending before this Court and the learned Sessions Judge is only an executing authority, it is necessary that the applicant should seek appropriate directions from this Court.

ANSARI

In view of the observations of the learned Sessions Judge, the applicant / respondent no. 3 has filed the present application for his release on bail.

Learned advocate for the applicant / respondent no. 3 relied on the judgment of this Court in the case of Good Value Marketing Co. Ltd. & Anr. vs. Montex Corporation & Anr. reported in 2009 ALL MR (Cri) 2075. This Court in para no. 15 of the said judgment has observed that when an accused who is acquitted is brought before the Sessions Court under Section 390 of the Code of Criminal Procedure, normally the accused should be enlarged on appropriate bail unless there are extraordinary circumstances or unless there is a direction of the High Court to that effect.

We have considered the allegations against the applicant / respondent no. 3. We do not find any extraordinary circumstances to keep the applicant / respondent no. 3 in jail unless the appeal is heard on merits.

In view of the above, the following order is passed :-

The applicant having been arrested in pursuance of the order of this Court dated 13/12/2017 be released on bail subject to furnishing P.R. Bond of Rs. Twenty Five Thousand and one solvent surety in the like amount.

ANSARI

The applicant / respondent no. 3 shall submit the details of the present address where he is residing and his cell phone number, with the concerned police station.

The concerned police station shall verify the address and cell phone number submitted by the applicant / respondent no. 3 before releasing him.

The police authorities shall complete the action of releasing the applicant / respondent no. 3 within two days from submission of address proof and cell phone number and on furnishing P.R. Bond and solvent surety.

The criminal application stands disposed accordingly.

                                        (JUDGE)                          (JUDGE)




ANSARI