LAWS(BOM)-2003-3-75

MOHAMMAD GAUSUDDIN Vs. STATE OF MAHARASHTRA

Decided On March 05, 2003
MOHAMMAD GAUSUDDIN Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) HEARD Mr. Manohar, learned Counsel for the appellant and Mrs. Dangre, learned Additional Public Prosecutor for the respondent.

(2.) THE appellant has preferred Criminal Appeal No. 679 of 2002 against the order, dated 16-11-2002, passed by Additional Sessions Judge, Gadchiroli, whereby the application moved by the petitioner for grant of bail in view of Section 167 (2) of the Criminal Procedure Code/section 439 of the Criminal Procedure Code came to be dismissed. The appellant filed another Criminal Appeal No. 3 of 2003 against the order, dated, 17-12-2002, whereby the applications made by the appellant below Exhs. 11, 12 and 5 came to be dismissed. Since both these orders deal with rejection of the bail application of the appellant, both these appeals were heard together and disposed of by the common order.

(3.) MR. Manohar, learned Counsel for the petitioner, contended that the appellant is a reputed businessman and also a trustee of a Medical Trust and was also given an award by the Income-tax Department for being the highest tax payer of the circle and as such he is a respectable citizen. The appellant is a victim at the hands of the investigating agency apart from the fact that there is no evidence, whatsoever, to connect the appellant with the crime.