Mahesh Somnath Jadhav v. The State Of Maharashtra

rsk 1/2 BA-309-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.309 OF 2016 Mahesh Somnath Jadhav ...

Applicant Vs.

The State of Maharashtra ...

Respondent Mr.C. P. Prajapati i/b Mr. Nitin Sejpal for the applicant. Mr.J. H. Ramugade, APP for the State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 18 th February, 2016.

P.C. :

.

This is an application for bail filed by the aforesaid applicant in C.R. No.I-86 of 2013 registered with Poynad Police Station for offence punishable u/s.143, 147, 149, 452, 307, 395, 436, 427, 504 and 506 of IPC.

2.

It may be mentioned that in paragraph 15 of the application, the applicant had made a statement that he has not filed any other application or petition for anticipatory bail before this Court or before the Apex Court.

3.

Mr. Ramugade, learned APP has placed on record a copy of the order dated 20/1/2016 in BA No.399/2015. A perusal of the said copy shows that the applicant along with the other co-accused had filed

rsk 2/2 BA-309-16.doc Bail Application No.399/2015 before this Court and the same was withdrawn with liberty to file fresh application after material witnesses are examined or after a period of six months from the framing of charge, whichever is earlier. It is evident that the applicant has made a false statement in paragraph 15 which needs to be deprecated and would be otherwise a sufficient ground to dismiss the application. 4.

It is also pertinent to note that the present application is filed within a period of less than one month even before the material witnesses are examined. This is nothing but sheer abuse of process of law. Application is dismissed.

( ANUJA PRABHUDESSAI, J. )