LAWS(BOM)-2007-4-121

BHARAT ABHIMAN MARATHE Vs. STATE OF MAHARASHTRA

Decided On April 16, 2007
BHARAT ABHIMAN MARATHE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) This is an application for grant of bail in connection with Crime No. 10/2005 registered at Police Station, Thalner (Taluka : Shirpur, District : Dhule) for offence punishable under Sections 406, 409, 420 and 201 of the Indian Penal Code.

(2.) Mr. S. P. Dound, learned Additional Public Prosecutor appearing on behalf of the respondent, vehemently opposes the application.

(3.) It can be seen that the F. I. R. was lodged on 18th October 2005. Charge sheet came to be filed on 28th June 2006 and till then, the applicant was not arrested. At the stage of filing of the charge sheet since offence under Section 409 of I. P. C. is punishable with life imprisonment and not within the jurisdiction of the learned Magistrate for grant of bail, the applicant approached the learned Sessions Judge for grant of bail on his surrender. The same came to be rejected vide order dated 12th March 2007 passed by the learned Ad hoc Additional Sessions Judge, Dhule, on the ground that if every such application is to be entertained, then the learned Sessions Judge will be flooded with such matter.