GILBERT JOHN MENDONCA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail filed by the accused, who is being tried for offences punishable under Section 143, 144, 147, 148, 149 and 307 read with Section 120(b) of the Indian Penal Code. The application for bail filed by the Applicant before filing of the charge sheet was rejected. The charge sheet was filed on 26-3-1999. After the charge sheet was filed an application for bail was filed before the Sessions Court, which was rejected by the Sessions Court by its order dated 9-4-1999. Thereafter, an application for bail was moved before this Court. However, that application was withdrawn. It is thereafter, that the present Application has been filed before this Court for bail.

(2.) SHRI Manohar, the learned Counsel appearing for the Applicant submits relying on the judgment of the Supreme Court in the case of Jaswant Singh and ors v/s. State of U.P. Supreme Court Cases (Cri) 913 and a judgment of Division Bench of this Court in the case of Menino Lopes v/s. State of Goa reported in 1994 Mh.L.J. 1803 , that even after withdrawal of the earlier application for bail, the present bail application can be considered by this Court. The learned Counsel also pointed out that after the earlier bail application was withdrawn, three co-accused have been granted bail by the Sessions Court.

(3.) THE learned Addl. P.P. on the other hand submits that the Applicant is a very influential person. He was President of Mira-Bhayandar Municipal Council. He further submits that there are many criminal cases pending against the Applicant. Relying on the averments made in the affidavit filed by Shri P.B.Niphade, the Inspector of Police, the learned Addl P.P. submits that the Applicant is a well known gunda of Thane district.