Summary:
Mumbai, Dec 8 (PTI) Observing that a sessions court judge cannot stay operation of his own order, the Bombay High Court on Wednesday quashed and set aside a special court"s order staying the bail granted to cricket bookie Naresh Gaur in the Antilia bomb scare case.
A single bench of Justice S K Shinde was hearing an application filed by Gaur, challenging the special NIA court"s decision to stay the bail granted to him for 25 days.
In the order, Justice Shinde noted that a sessions court judge does not have the power to stay his own order and that only the high court can stay the operation of a bail order where it deems necessary so as to prevent abuse of process of the court or to meet the ends of justice.
"In my view, the Code of Criminal Procedure (CrPC) does not empower the Sessions Judge to stay the operation of his order of grant of bail.
That even otherwise, the learned Sessions Judge has not justified the order (granting stay) by recording the reasons in suspending his own order," Justice Shinde said.
The National Investigation Agency (NIA) had arrested Gaur in March this year, accusing him of being involved in the Antilia bomb scare case and in the killing of businessman Mansukh Hiran.