VISHWAS S BHASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE .

(2.) THE petitioners accused have while filing this application has prayed for bail and challenged the order passed by the learned Special Judge, Thane dated 14-7-1999 on the application for remand submitted by the Investigating Officer which was granted upto 21-7-1999. As per the operative order, the learned Special Judge has passed the following order:

(3.) SHRI Mundargi, the learned counsel appearing on behalf of the petitioners has while praying for bail has submitted that in view of the fact that the offence under the Prevention of Corruption Act is registered and then fact that the petitioner-accused No.1 is already suspended long back from the service of the Corporation on 21-9-1997 and petitioner No.2 is also running her business and it is only when the raid was carried out on 6-7-1999 that the petitioners were arrested. He submitted that the learned Special Judge ought not to have entertained the application for extention of remand on the ground submitted by the Investigating Officer and admittedly when the petitioner No.2 is also doing business and also paying income-tax.