Bombay High Court
Tejas Kanhiyalal Soni vs Union Of India And Ors on 13 May, 2021
Author: N. R. Borkar
Bench: Prasanna B. Varale, N. R. Borkar
Shubhada S Kadam 21 & 22 wp 1714 & 1721.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1714 of 2021
Tejas Kanhaiyalal Soni ....Petitioner
Versus
Union of India and ors. ....Respondents
with
CRIMINAL WRIT PETITION NO. 1721 of 2021
Khushbu Ompal Singh ....Petitioner
Versus
Union of India and ors. ....Respondents
Dr. Sujay Kantawala along with Mr. Samsher Garud, Mr. S. Avhad, Mr. V.
Iyer and Ms. Juhi Valia i/b. Jaykar and partners, advocates for the
petitioners.
Mr. Pradeep S. Jetly, senior advocate along with Mr. Jitendra B. Mishra,
advocate for respondent Nos. 1 and 2.
Mr. S. R. Shinde and Mr. K. V. Saste, APP for the State.
CORAM : PRASANNA B. VARALE &
N. R. BORKAR, JJ.
DATE : 13th MAY, 2021.
(Vacation Court) P.C. :
1. Heard learned counsel appearing for the respective parties for some time.
2. When a query was put to Dr.Kantawala, learned counsel for the petitioners as to whether the petitioners have approached the competent Court, post their arrest for their release on bail, Dr. Kantawala submitted that till date, this recourse has not been undertaken by the 1/3 ::: Uploaded on - 13/05/2021 ::: Downloaded on - 13/05/2021 23:38:58 ::: Shubhada S Kadam 21 & 22 wp 1714 & 1721.2021.doc petitioners, due to apprehension that the application may not be decided within a reasonable time. Dr. Kantawala, then, submitted that if the apprehension of the petitioners is taken care of, the petitioners are ready and willing to go before the competent Court by filing an appropriate application for their release on bail.
3. The learned counsel for the respondents raised no objection for this course to be adopted by the petitioners and submitted that if the petitioners are approaching the competent Court for their release on bail, private notice be issued so that the respondents can appear before the Court concerned.
4. In our opinion, this was a fair approach by both learned counsel appearing for the respective parties. Dr. Kantawala, learned counsel for the petitioners submitted before this Court that the petitioners would file an application before the competent Court on Monday.
We permit the petitioners to approach the competent Court on Monday i.e. on 17th May, 2021 submitting an application with a prayer for release of the petitioners on bail. On receipt of such application on Monday i.e. 17th May, 2021, the competent Court shall decide the application expeditiously and not later than one week from the date of filing of such application.
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5. Dr. Kantawala, learned counsel for the petitioners, gave an undertaking to this Court that on filing of the application, private notice would be served upon respondent authorities immediately.
6. The petitions be posted for further consideration before the appropriate Court after vacation.
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