1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1998 of 2009 The State of Maharashtra ... Applicant versus Sharad Murlidhar Gavhane ... Respondent ... Mr.Y.S.Shinde APP for the applicant. Mr.Ramesh Dube Patil i/b M/s.Jay & Co. for the respondent. CORAM : D.G. KARNIK, J. DATED : 11th February 2010 P.C. 1. Heard. 2. By this application, the State prays for cancellation of bail granted to the respondent by the Special Judge and Addl. Sessions Judge-II, Nashik vide his order dated 22nd January 2009. Learned APP presses only ground no.H of the grounds mentioned in the memo of application. Ground no.(H) reads as under:- H. That the Learned Judge failed to give opportunity to the prosecution as the learned Judge failed to issue notice to the prosecution 2 before passing order and only ordered, “Public Prosecutor to say”, hence, the Public Prosecutor constraint to file his say by taking oral instructions from the I.O and without calling detailed report from the Investigating Officer. Thus, the prosecution could not place on record sufficient material before the Learned Special Judge and Additional Sessions Judge-2, Nashik. 3. Law does not prescribe that every time an application for bail is made, a written notice must be issued to the Public Prosecutor. Office of the Public Prosecutor, almost invariably, is situated in the premises of the Court itself and in emergent cases, oral notice is issued to the Public Prosecutor who is present in the Court Hall. In the present case also, similar notice was issued to the Public Prosecutor and his say was called for. The Public Prosecutor took instructions from the Investigating Officer and filed his say. He was heard and bail was granted after giving appropriate opportunity of hearing the prosecution. In the circumstances, the grievance that adequate notice was not given to the prosecution before passing of an order of bail holds no merit. 4. No other ground was urged. Application is accordingly dismissed. (D.G. KARNIK,J.)