STATE OF MAHARASHTRA Vs. PANKAJ JAGSHI GANGAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order dated 29/01/2019 passed by the Division Bench of the High Court of Judicature at Bombay in Criminal Writ Petition No. 4639 of 2018 by which the Division Bench by way of an interim relief directed the respondent herein - accused be released on bail in Special MCOC No.24 of 2017 arising out of C.R. No.I­190 of 2017, registered with Kasarvadavli Police Station, the State of Maharashtra has preferred the present appeal.

(2.) At the outset, it is required to be noted that the present is a glaring example of fourm shopping by the accused which cannot be approved at all. The facts speak for itself, which are as under:­

(3.) Feeling aggrieved and dissatisfied with the rejection of the bail application by the learned Special Judge, the respondent herein - accused approached the High Court by way of bail application No.855 of 2018. The same was heard by the learned Single Judge. From the order dated 13.07.2018 passed by the learned Single Judge, it appears and it cannot be disputed that after hearing the learned counsel appearing on behalf of the respondent herein ­ accused at length and when the High Court was not inclined to grant any relief, the learned counsel on instructions withdrew the said bail application. Therefore, the aforesaid bail application came to be dismissed as withdrawn by the learned Single Judge vide order dated 13.07.2018. Immediately on withdrawal of the aforesaid bail application the respondent - accused filed the writ petition before the Division Bench of the High Court and prayed for the following reliefs:­