Interim Order 2

Order Details: Bail Order
Pdf Text: C. C. No. 1357 PW 2022 State Vs Rakesh and anr.
CNR No.MHMM18-007277-2022
ORDER BELOW BAIL APPLICATION, EXH.8
1. Perused record. Heard both the sides.
2. The present handwritten and shabby application filed under Section
437 of Code of Criminal Procedure, in an offence triable by Court of
Sessions, mentioning certain vague reasons stating that accused was not
aware of the filing of charge sheet. N.B.W. was issued and accused was
arrested. Accused resides within the jurisdiction of this court, he will
remain each and every date and undertook the remain present for trial.
3. Ld. A.P.P. objected to it stating that offence is triable by Court of
Session, accused remained absent and matter is prolonged, therefore,
application shall be rejected.
4. The submissions of the Ld. Advocate are in tune with the contents
of application. He insisted on the fact that summons has not been served
and he is not aware of the fact of filing of charge sheet, besides other
grounds mentioned.
5. From the nature of the application and grounds assigned in it, it is
clear that the application is not tenable. If submissions of Ld. Advocate
about the non-service of summons considered, record reflects that notice
has been served by concerned Investigating Officer on the accused
intimating him about the fact of filing of charge sheet and remaining
present before this court for committal. In the alternative even if, this fact
ignored and submissions of Ld. Advocate accepted, the purpose of bail
furnished by accused became futile. After his released on bail accused has
already furnished bail bonds and undertook to remain present before court
whenever required. Therefore, merely on this ground the bail prayer can
not be allowed.
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C. C. No. 1357 PW 2022 State Vs Rakesh and anr.
CNR No.MHMM18-007277-2022
6. Considering the fact that there pleaded no merits, offence is triable
by Court of Sessions and accused breached conditions of bail bonds.
Application can not be allowed. Hence, following order -
ORDER
Application is rejected.
MUMBAI (KOMALSING RAJPUT)
DATE – 08.02.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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