LAWS(BOM)-2012-12-133

KASHINATH JAIRAM SHETYE Vs. RAMAKANT MAHADEV SAWANT

Decided On December 20, 2012
KASHINATH JAIRAM SHETYE Appellant
V/S
Ramakant Mahadev Sawant Respondents

JUDGEMENT

(1.) Heard Ms. Mathkar for the applicant, Mr. Pangam for respondent No. 1 and Mr. Nadkarni, learned Advocate General appearing on behalf of respondents Nos. 2 and 3. Rule, By consent heard forthwith.

(2.) By this application, the applicant seeks cancellation of bail granted to respondent No. 1 by the Sessions Judge, North Goa, Panaji by order dated 23rd August, 2012. The applicant has also sought further relief to the extent of holding an inquiry against the learned Sessions Judge for not disposing of the matter expeditiously.

(3.) Since the issue regarding delay in disposal of the anticipatory bail was raised in the application, we deemed it appropriate to take up the matter although the application seeking only cancellation of bail or anticipatory bail would lie before learned single Judge in terms of the Bombay High Court, Appellate Side Rules. Moreover, learned single Judge before whom the matter was placed, ordered that the same be placed before Division Bench. Even Mr. Pangam. learned counsel appearing for respondent No. 1 stated that he has no objection if we take up the matter and lay down some guidelines regarding disposal of the anticipatory bail applications filed before the Sessions Courts.