SHALINI BHIMRAO GAIKWAD Vs. M D MORE

JUDGEMENT

(1.) HEARD Shri Kagatala learned Counsel for the contemner who is present in person before this Court and Smt. Rasal, learned A. P. P. for the State of Maharashtra.

(2.) THIS contempt petition is arising out of a reference made under sub-section (2) of section 15 of the Contempt of Courts Act by Smt. S. B. Gaikwad, 2nd Additional Sessions Judge, Jalgaon. Four accused persons who were arrested in connection with the Crime No. 242 of 98 of Chalisgaon Police Station for offences punishable under sections 302, 323, 504, 506 read with 34, Indian Penal Code filed Bail Application No. 609 of 98 in the Court of Sessions, Jalgaon. The matter came up for hearing before the 2nd Additional Sessions Judge, Jalgaon on 30-10-1998. The present contemner Shri More was the Advocate engaged by the accused in the said bail application. The learned Additional Sessions Judge after hearing both the sides, rejected the application for bail of accused Nos. 1 Keshav and accused No. 4 Murlidhar. However, bail was granted to accused No. 2 Dagubai and accused No. 3 Kalabai by giving specific reasons for the same.

(3.) THEREAFTER, the two accused whose bail application was rejected filed review petition before the same Judge through the contemner. Certain personal allegations were made in the said review petition against the Presiding Judge Smt. Gaikwad. The said review petition was signed by the contemner Shri More. The contemner Shri More filed an affidavit in support of the review petition sworn by himself.