SANJAY NARHAR MALSHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. By consent the rule is made returnable forthwith.

(2.) A question of law, important and interesting which is sought to be raised in this petition relates to the powers of the Judicial Magistrate in respect of the grant or refusal of the bail to accused persons in cases which are exclusively triable either by the Sessions Courts or Special Courts established under a special statute.

(3.) Initially the writ petition was filed challenging the F. I. R. being C. R. No. 3014 of 2005 register at the Jail Road Police Station, Solapur. However, considering the fact that charge-sheet in the matter has already been filed by the Investigating Agency, reserving his right to dispute about the insufficiency of the materials to frame the charge against him, the petitioner has restricted the challenge to the extent of the point which is sought to be raised as noted above.