MAHESH RANKA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the parties. It is not necessary for me to go into the acrimonious debate raised by the rival side about the of service of this application on the respondent. That is an unfortunate situation which has happened in this case, which was avoidable. The members of the Bar will be well-advised that in future, such unpleasant occasion is not brought for consideration of the Court.

(2.) This application is for setting aside order dated 28th October, 2004 passed in Criminal Application No. 3219 of 2004 and order dated 8th July, 2004 passed by the additional Chief Metropolitan Magistrate, 24th Court, Borivli, in CR. No. 122/2004.

(3.) The Respondent had moved an application for bail before the Magistrate in the said CR. No. 122/2004 on the ground that the charge-sheet has not been filed within the statutory period. The lower Court proceeded to allow the said application by order dated 8th July, 2004 on the finding that the respondent was arrested on 7th May, 2004 and no charge-sheet has been filed within the statutory period. That order was challenged by the Applicant before this Court by way of criminal Application No. 3219 of 2004, which was rejected on 28th October, 2004 having found that there was no infirmity in the order as passed by the Magistrate.