The State Of Maharashtra v. Siddharth Sanjay Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 158 OF 2014 IN CRIMINAL BAIL APPLICATION NO. 869 OF 2013 The State of Maharashtra.

... Applicant.

Versus

Siddharth Sanjay Jadhav.

... Respondent.

--- Ms. P.P. Shinde, APP for State.

--- CORAM : SMT. SADHANA S. JADHAV,J DATE : AUGUST 5, 2015 P.C.:

Heard. The learned APP seeks leave to place the FIR in Crime No. 307 of 2013 in place of FIR in Crime No. 307 of 2012, which is wrongly attached in the matter. Leave as prayed for is granted. The State has filed the present application seeking cancellation of bail granted in favour of the respondent No. 1 who happens to be the original accused in Crime No. 337 of 2012 registered at Shivaji Nagar Police Station. By an order dated 21st June, 2013, this Court 1/3

(Coram : R.C. Chavan, J(Retired)) has enlarged the applicant on bail on the condition that he shall furnish P.R. Bond in the sum of Rs. 25,000/- with one or more solvent sureties in the sum aggregating to Rs. 25,000/-.

It is the case of the prosecution that while the applicant was on bail in Crime No. 337 of 2012, he was shown as an accused in Crime No. 307 of 2013 registered at Shivaji Nagar Police Station for the same offence i.e. for the offenence punishable under Section 307, 506(2) read with 34 of the Indian Penal Code read with Section 4, 25 of the Arms Act. It is also submitted that the applicant is in jail in Crime No. 307 of 2013.

According to the learned APP, the bail granted by this court is sought to be cancelled on the ground that the respondent had indulged into similar offence while on bail.

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As far as Crime No. 337 of 2012, investigation is completed and charge-sheet is filed, case is committed to the Court of Sessions and is registered as Sessions Case No. 308 of 2014. The prosecution has examined 5 witnesses. As on today, the applicant is in custody in Crime No. 307 of 2013. In view of this no interference is called for. The application seeking cancellation of bail being sans merits stands rejected. The application is disposed of accordingly. (SMT. SADHANA S. JADHAV,J) 3/3