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Bombay High CourtABA/371/2017anticipatory bail rejected

Rohit Sham Rathod v. State Of Maharashtra

2017-03-07Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

aba.371.2017_7.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.371 OF 2017 Rohit Sham Rathod ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Ritesh Thobde for the Applicant Mr.Y.M. Nakhwa, APP, for Respondent - State CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: MARCH 7, 2017 P.C. :

1.

This application is filed by the applicant/accused for prearrest bail as the applicant/accused apprehends arrest in C.R. No.419 of 2015 registered with Vijapur Naka Police Station, District Solapur, for the offences punishable under sections 420, 406 r/w section 34 of the Indian Penal Code. The complaint was filed by one Pramod Shinde on 30.12.2015.

2.

At the outset, the learned Prosecutor produced a photocopy of the proclamation issued on 6.2.2017 under section 82 of the Criminal Procedure Code by the learned JMFC, Court No.2, Solapur. In the case of Lavesh vs. State (NCT of Delhi)1, it is (2012) 8 SCC 730

aba.371.2017_7.doc held that when an offender is proclaimed in terms of section 82 of Criminal Procedure Code, he is not entitled to the relief of anticipatory bail.

3.

In such circumstances, the Anticipatory Bail Application is rejected.

(MRIDULA BHATKAR, J.)