2022 (3) TMI 405

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.... Ld. S.P.P. Mr. Abad Ponda, Ld Sr. Counsel @ Ld. Adv. Mr. Sujay Kantawala @ Ld. Adv. Subhash Jadhav for the respondentaccused. ORDER 1. This is an application by Ld. S.P.P. to suspend (stay) the order granting bail to the accused No.5 Sachin Joshi passed below Exh.82 to three weeks to challenge the said order before the Hon'ble High Court. 2. This application is strongly opposed by....

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....sh Aggarwal and another, (1994 Cri.L.J. 2160), wherein the Hon'ble High Court held that, "If bail is granted and the order is not stayed even for some reasonable time to enable the prosecution to approach the higher Court, it will be extremely difficult to effectively approach the higher Court and deal with accused." 5. I have noted above, this bail application was heard in long sessions fr....

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....he custody. No doubt, the High Court in exercise of its power under Section 482 Cr.P.C. can stay the operation of bail order where it finds it necessary to do so, to prevent abuse of process of the Court or to meet the ends of justice. Therefore, in my view, the learned Judge could not have assumed the jurisdiction to stay its own order of grant of bail by taking recourse to Section 209 of the Cr.....

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..... It is necessary to note that, accused No.5 was previously on temporary bail on medical grounds as per order of the Hon'ble Supreme Court and the Hon'ble High Court. ED could not point out a single instance that he had misused his liberty during the said period. Once I arrived at conclusion that, he is entitled to get bail on merit, curtailing his liberty again for the grounds mentioned i....