Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 1, Cited by 0]

Bombay High Court

Union Of India vs Sarpreet Singh And Anr on 15 February, 2019

Author: Prakash D. Naik

Bench: Prakash D. Naik

              Sknair                                             501-appln-79-
                                                                    2019+.odt

           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION


                  CRIMINAL APPLICATION NO. 79 OF 2019
 Union of India                                     ... Applicant
      Vs.
 Akshinder Singh Sodhi and Anr.                     ... Respondents

                  CRIMINAL APPLICATION NO. 80 OF 2019
 Union of India                                     ... Applicant
      Vs.
 Sarpreet Singh Sodhi and Anr.                      ... Respondents

                  CRIMINAL APPLICATION NO. 81 OF 2019
 Union of India                                     ... Applicant
      Vs.
 Purohit Devesh Jagdishbahi and Anr.                ... Respondents

                  CRIMINAL APPLICATION NO. 82 OF 2019
 Union of India                                     ... Applicant
      Vs.
 Jonathan Thorn @ John and Anr.                     ... Respondents

                                    WITH
                  CRIMINAL APPLICATION NO. 83 OF 2019
 Union of India                                     ... Applicant
      Vs.
 Jimmy Singh Sandhu and Anr.                        ... Respondents

                                    WITH
                  CRIMINAL APPLICATION NO. 84 OF 2019
 Union of India                                     ... Applicant
      Vs.
 Nguyen Man Cuong                                   ... Respondent




                                                                           1 of 4



::: Uploaded on - 15/02/2019               ::: Downloaded on - 16/02/2019 03:14:19 :::
               Sknair                                          501-appln-79-
                                                                 2019+.odt

                                 WITH
                  CRIMINAL APPLICATION NO. 85 OF 2019
 Union of India                                  ... Applicant
      Vs.
 Anthony Kakakutty Paul and Anr.                 ... Respondents

                                 WITH
                  CRIMINAL APPLICATION NO. 86 OF 2019
 Union of India                                  ... Applicant
       Vs.
 Ishrat Khan Parmar and Anr.                     ... Respondents

                                 WITH
                  CRIMINAL APPLICATION NO. 87 OF 2019
 Union of India                                  ... Applicant
      Vs.
 Rahul Shedge and Anr.                           ... Respondents

                                 WITH
                  CRIMINAL APPLICATION NO. 88 OF 2019
 Union of India                                  ... Applicant
       Vs.
 Barry John Bracken and Anr.                     ... Respondents
                              ...
 Mr. H.S. Venegaokar for the applicant / Union of India in all
 Criminal Appilcations.
 Ms. Munira Palanpurwala for the Respondent in Criminal
 Application No. 79 of 2019 & 80 of 2019
 Mr. A.R. Kapadnis, APP for the Respondent-State in Criminal
 Application No. 79 of 2019
 Mrs. A.A. Takalkar, APP for the Respondent-State in Criminal
 Application No. 80 of 2019
 Mrs. G.P. Mulekar, APP for the Respondent-State in Criminal
 Application No. 81 of 2019
 Mr. S.R. Agarkar, APP for the Respondent-State in Criminal

                                                                        2 of 4



::: Uploaded on - 15/02/2019            ::: Downloaded on - 16/02/2019 03:14:19 :::
               Sknair                                          501-appln-79-
                                                                 2019+.odt

 Application No. 82 of 2019
 Mr. R.M. Pethe, APP for the Respondent-State in Criminal
 Application No. 83 of 2019
 Mr. Aabad Ponda a/w Mr. Ayaz Khan & Ms. Zehra Charania for
 the Respondent in Criminal Application No. 84 of 2019
 Mr. Prashant Jadhav, APP for the Respondent-State in Criminal
 Application No. 84 of 2019
 Mr. A.R. Kapadnis, APP for the Respondent-State in Criminal
 Application No. 85 of 2019
 Mr. Aabad Ponda a/w Mr. Ayaz Khan & Ms. Zehra Charania for
 the Respondent in Criminal Application No. 86 of 2019
 Mrs. A.A. Takalkar, APP for the Respondent-State in Criminal
 Application No. 86 of 2019
 Mrs. G.P. Mulekar, APP for the Respondent-State in Criminal
 Application No. 87 of 2019
 Mr. S.R. Agarkar, APP for the Respondent-State in Criminal
 Application No. 88 of 2019
 Mrs. G.P. Mulekar, APP for the Respondent-State in Criminal
 Application No. 89 of 2019
                                 ...
                               CORAM : PRAKASH D. NAIK, J.

DATE : 15th FEBRUARY, 2019.

P.C.

1. This is an application preferred by the D.R.I. seeking cancellation of bail granted by the N.D.P.S. Special Judge vide order dated 1st February, 2019 in exercise of power under Section 167 (2) of Code of Criminal Procedure. Said order was stayed by the N.D.P.S. Special Court for a period of fifteen days which expires today.




                                                                        3 of 4



::: Uploaded on - 15/02/2019            ::: Downloaded on - 16/02/2019 03:14:19 :::
               Sknair                                              501-appln-79-
                                                                     2019+.odt

2. Mr. Venegaokar learned counsel for the applicant submitted that the stay order granted by the lower Court be extended till the next date of hearing. Mr. Ponda, Learned counsel for the Respondent vehemently opposed the extension of the stay order passed by the Special Court on the ground that the application itself is not maintainable in law. The decisions relied upon by the learned counsel for the applicant are not a good law.

3. Considering the issue involved in these applications, the same are required to be heard in detail. Hence, stand over to 25 th February, 2019 at 4 p.m.

4. Stay order granted by the Special Court is extended till next date. In the meantime, respondent who are not served be served with notice of hearing.

( PRAKASH D. NAIK, J. ) 4 of 4 ::: Uploaded on - 15/02/2019 ::: Downloaded on - 16/02/2019 03:14:19 :::