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Bombay High CourtBA/157/2022rejected

Pratap Jaysing Ghorpade v. The State Of Maharashtra

2022-12-07Hon'Ble Shri Justice N. R. Borkar2 pages

1/2 904-ba-157-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 157 OF 2022 Pratap J. Ghorpade ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Satyavrat Joshi i/b Mr. Pratik Jadhav for the Applicant. Mr.Amit Palkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

07.12.2022.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.43 of 2019 registered at Palus police station, Sangli for the ofences punishable under Sections 420 read with 34 the Indian Penal Code (IPC) and Section 3 of Maharashtra Protection of Interest of Depositors Act, 1999 (MPID Act).

3.

The present applicant is also accused in C.R. No. 293 of 2019 registered at Sahakarnagar police station, Pune for the ofences punishable under Sections 420, 406 read with 34 of IPC and Sections 3 and 4 of the MPID Act.

4.

The learned counsel for the applicant has placed on record a copy of the order passed by this Court dated 20 November 2021 in Criminal Bail Application No. 3519 and 2019. By the said order, Dinesh S. Sherla 1/2

2/2 904-ba-157-22.doc this Court has released the applicant on bail in Crime No. 293 of 2019.

5.

The learned counsel for the applicant submits that the allegations against the present applicant in present crime and Crime No.293 of 2019 are identical.

6.

I have perused the order passed by this Court dated 20 November 2021 in Criminal Bail Application No. 3519 of 2019. The present applicant was granted bail by observing that there are no other criminal antecedents. Admittedly, the present crime was registered much prior to passing of the order by this Court dated 20 November 2021. The applicant therefore ought to have disclosed in his application that he is involved in one more crime. Even after passing of the order no such bona fdes are shown. I am, therefore, not inclined to entertain the present application. Accordingly, the Bail Application is rejected. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2