Bombay High Court
Musavvir @ Musa Ismail Khan Pathan vs The State Of Maharashtra on 26 March, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
8-BA-304-2019.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 BAIL APPLICATION NO.304 OF 2019
MUSAVVIR @ MUSA ISMAIL KHAN PATHAN
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant: Mr. Desale Nilesh N.
APP for Respondent/State: Mr. S.B. Narwade
...
CORAM : V. K. JADHAV, J.
DATED : 26th MARCH, 2019 PER COURT:-
1. I do not find any substance in this application.
After hearing the case, the learned Judge of the trial Court has reserved it for judgment and the next date is given as 04.04.2019. There is no question of giving any direction to the trial Court to deliver the Judgment at the earliest or on any given date. The application is hereby rejected.
2. The learned counsel for the applicant, on instructions, submits that the said Court, even in other cases also for years together has not recorded the statement under Section 313 of Cr.P.C. and the under trial prisoners are languished in jail for no fault on their part. The matters are not heard promptly and the judgments are not delivered on the given dates. The learned counsel for the applicant, on instructions, submits that the real brother of ::: Uploaded on - 27/03/2019 ::: Downloaded on - 29/03/2019 00:59:27 ::: 8-BA-304-2019.odt -2- the applicant is present in person and he would collect the required data and place it before the Court on the next date, if so permitted.
3. The above criminal bail application is disposed of. However, the learned counsel for the applicant, on instructions, has made the statement which requires some indulgence. The learned counsel for the applicant is permitted to place on record the available data to substantiate the allegations made by him on instructions. Stand over on 09.04.2019.
4. Later on, at 4.30 p.m., the learned counsel for the applicant, on instructions, submits that the applicant and his real brother want to withdraw the allegations made against the Presiding Officer of the said Court. The learned counsel, on instructions, expressed unconditional apology on behalf of the applicant and his real brother. It appears that the applicant and his real brother are having no respect for the Court and on the other hand, without any basis or any data available, the applicant and his real brother have made wild allegations against the Judge. However, I do not want to take any action against the applicant since the trial Court has posted the matter for Judgment on 04.04.2019. Thus ::: Uploaded on - 27/03/2019 ::: Downloaded on - 29/03/2019 00:59:27 ::: 8-BA-304-2019.odt -3- the directions given in the above Para No.3 are hereby dropped.
( V. K. JADHAV, J.) Sam..
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