1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO.2426 OF 2009 Shripad Dattatraya Mande versus State of Maharashtra -------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. Shri A.S. Mardikar, advocate for applicant. Shri Anoop Parihar, A.P.P. for state CORAM : A.P. BHANGALE, J. DATED : 20th AUGUST, 2009. The applicant who is under trial prisoner, seeking bail, in respect of Sessions Trial No.76 /2004, pending in the court of Sessions Judge, Akola for the offence vide Crime No. 36/2004 registered by Police Station, Ramdaspeth, Akola for the offences under section 302 read with section 34 of I.P.C. and for the offence under section 420, 467, 468, 471, 109 of I.P.C. It is contended that during the course of trial the applicant had moved an application for indicting one Shri Uday and Kumudini Joshi in view of section 319 of Cr.P.C. Some how the prosecution witnesses have already been examined in the sessions trial. But the accused sought to be 2 added in the trial approached the Hon. Supreme Court by filing Special Leave Petition (Criminal) No. 3570/2009 and by order dated 13.5.2009 the sessions trial is stayed. Applicant has contended that since the trial is stayed, it is not likely to end early and therefore, he be released on bail, because he is under-trial prisoner from 1.3.2004. Be that as it may, learned A.P.P. objected the prayer on the ground that it is at the instance of the applicant the accused were sought to be added in the trial and they have challenged the order passed under section 319 of Cr.P.C. and the proceeding is now pending before the Apex Court. Judicial propriety in such cases where the trial is stayed by the Apex Court, dictates that no order shall be passed in connection with the said trial including bail in favour of any of the accused therein unless specifically permitted by the Apex Court. Therefore, learned Sessions Judge, Akola by order dated 16.3.2009 refused to grant bail to applicant. I do not propose to take any different view of the matter since the proceedings are pending before the Apex Court and trial is also stayed. Application is therefore, rejected. JUDGE S.M.Pande