(2019) Law Today Live Doc. Id. 12074
(Petition for Special Leave to Appeal (Crl.) No.2232 of 2018)
Decided on: 08.08.2019
For Petitioner(s) Mr. Shekhar Naphade, Sr. Adv.
Mr. Gagan Sanghi, Adv.
Mr. Rameshwar Prasad Goyal, AOR
For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. Anoop Kandari, Adv.
Mr. J.M. Gandhi, Adv.
Mr. Dharmendra Kumar Sinha, AOR
Mr. B.A. Sahanari, Adv.
Mr. Raju Sonkar, Adv.
Code of Criminal Procedure, 1973 (2 of 1974), Section 437, 439 – Bail application before High Court withdrawn – Subsequent bail granted by Addl. Session Judge – Power of -- High Court revoked the bail order on the ground that bail application was not maintainable before the Trial Court – No such provision in Cr.P.C – Impugned order passed by the High Court not sustainable – Bail order restored.
(Para 3-7)
ORDER
1. Leave granted.
2. We have heard the learned counsel appearing for the appellant– accused, learned counsel appearing for Respondent No.1-State of Maharashtra and learned counsel appearing for Respondent No.2- complainant.
3. Having carefully scrutinized the material available on record, we are of the considered view that the High Court has passed the impugned order, without application of its mind, by revoking the bail granted to the appellant by the Additional Sessions Judge-3, Nagpur in Misc. Criminal Application No. 1847 of 2017, on the ground that the application was not maintainable before the Trial Court as the appellant previously approached the High Court for bail and subsequently withdrew the bail application.
4. It may be mentioned in this connection that there is no provision in the Code of Criminal Procedure, 1973 or law laid down by this Court that once an accused has withdrawn his bail application before the High Court, he cannot file a subsequent bail application before the Sessions Court and that his subsequent bail application would lie before the High Court only.
5. Thus, the impugned order of the High Court is not sustainable in the eyes of law and deserves to be set aside.
6. In view of the above, we set aside the impugned order of the High Court revoking the bail granted to the appellant by the Sessions Court. Order dated 20.9.2017 passed by the Additional Sessions Judge-3, Nagpur in Misc. Criminal Application No. 1847 of 2017 granting bail to the appellant is hereby restored.
7. Needless to state, if the appellant is in jail, he shall be released forthwith if he is not required in any other case.
8. The appeal is allowed in the afore-stated terms.
Appeal allowed.
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