STATE OF MAHARASHTRA Vs. CAPTAIN BUDDHIKOTA SUBHA RAO

JUDGEMENT

(1.) Special leave granted. Heard counsel on both sides. The facts leading to this appeal are as under

(2.) When this matter came up for admission before Shetty, J., during vacation, the learned judge, after taking note of the fact that respondent was suffering from discprolapse for which he was treated by Dr. Dongaonkar and had shown considerable improvement and after evaluating the opinion of Dr. Khadilkar who had certified that the respondent was fit to attend court, observed as under:

(3.) The learned counsel for the State of Maharashtra contended that the learned judge in the High Court while passing the impugned order of 8th June, 1989 ought to have realised that only two days before his colleague Puranik, J. had rejected all the pending bail applications (except Criminal Application No. 995/89) preferred at intervals by the respondent. In Criminal Application No. 375/89 one of the prayers made in paragraph,7(e) was as under: