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Bombay High CourtAPPLN/97/2017disposed off

Rajkumar Narang v. The State Of Maharashtra And ORS

2021-09-06Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 20 APPLN97.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 97 OF 2017 Mr. Rajkumar Narang .... Applicant v/s.

The State of Maharashtra and ors.

.... Respondents Ms. Racheeta R. Dhuru for the Applicant.

Mr. S.V. Gavand, APP for the State.

Mr. Anande, PSI, Chunabhatti Police Station, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th SEPTEMBER, 2021.

P. C. :- .

By this Application filed under Section 439(2) of the Code of Criminal Procedure, the first informant seeks cancellation of bail granted to Respondent Nos.2 to 4 by the learned Sessions Judge, Mumbai vide order dated 05/01/2017 in Anticipatory Bail Application No.2137/2016.

2.

Heard Ms. Racheeta Dhuru, learned counsel for the Applicant and Mr. S.V. Gavand, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

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P.H. Jayani 20 APPLN97.2017.doc 3.

Pursuant to the first information report lodged by the Applicant, C.R.No.241/2016 was registered at Chunabhatti Police Station against Respondent Nos.2 to 4 for offences punishable under Sections 379, 435 r/w. 34 of the Indian Penal Code. Apprehending their arrest in the said crime, the Applicants had filed the Application No.2137/2016 under Section 438 of Cr.P.C. which has been allowed by the learned Additional Sessions Judge, Sessions Court, Greater Mumbai by order dated 05/01/2017. It is stated that subsequent to the said order, the prosecution has filed C-summary and the first informant has lodged his objections.

4.

Considering the above fact so also having gone through the reasons given in the order dated 05/01/2017 passed in Anticipatory Bail Application No.2137/2016 as well as the grounds raised in the Criminal Application, in my considered view, the Application has no merits and is accordingly dismissed.

Digitally signed by PREETI H JAYANI Date:

2021.09.08 16:58:47 +0530 PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) 2/2