Archana Nilesh Shinde v. The State Of Maharashtra And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 111 OF 2015 Mrs. Archana Nilesh Shinde.

... Applicant.

Versus

The State of Maharashtra & ors.

... Respondents.

--- Ms. Anita Walchaure i/b. Mr. Vijay R. Shinde, advocate for Applicant. Mr. S.S. Pednekar, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : NOVEMBER 17, 2016 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State. None appears for the respondent. C.R.No. 365 of 2011 is registered against the respondent No. 2 at the behest of the complainant/applicant for offence punishable under section 498A, 406 read with section 34 of the Indian Penal Code. Sessions Court, Raigad Alibag had granted pre-arrest bail in favour of the respondent No. 2 vide order dated 22/7/2011. Talwalkar 1/2

30.appln111.15.sxw Today there is nothing on record to indicate that the respondent No.2 had committed breach of any conditions imposed upon him while granting pre-arrest bail or had misused the liberty. Therefore, the application seeking cancellation of pre-arrest bail granted in favour of the respondent No. 2 five years ago does not deserve any consideration, moreover, in view of the observation of the Hon'ble Apex Court in the case of Arnesh Kumar v/s. State of Bihar (2014) 8 SCC 273 , this Court is not inclined to grant the prayer for cancellation of bail in an offence under section 498A of the Indian Penal Code. Hence, the application stands dismissed and disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2