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Bombay High CourtABA/617/2022dismissed

Rajiv S/O Rebendra Datta v. State Of Maharashtra

2022-03-25Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

1 / 2 2.aba-617-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.617 OF 2022 Rajiv Rebendra Datta ..... Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Anil Dave, Advocate a/w. Kunal V. Phoole, for the Applicant. Ms. P.N. Dabholkar, APP for the Respondent-State. ----- CORAM :SARANG V. KOTWAL, J.

DATE : 25th MARCH, 2022 [IN CHAMBER AT 4:30 P.M.] P.C. :

1.

The Applicant had earlier approached this Court seeking anticipatory bail vide Anticipatory Bail Application No.452/2022. After extensive arguments, on 21.2.2022 following order was passed :

"1.

After arguing for some time, when I expressed my disinclination to grant relief in this Application, learned counsel for the Applicant prays for unconditional withdrawal of this application. 2.

Permission is granted. The Application is allowed to be withdrawn unconditionally and is disposed of as such.

3.

If the Applicant, after his arrest, prefers a bail Application, the said Application shall be decided independently and in accordance with law."

Deshmane

2 / 2 2.aba-617-22 2.

The Applicant has preferred this fresh application for the same relief. No change in circumstance on merits is pleaded. However, learned counsel for the Applicant submitted that the Applicant is willing to deposit Rs.55 Lakhs before this Court to show his bonafides.

3.

I have considered these submissions. On the earlier occasion the necessity of custodial interrogation, the manner of commission of offence and all other aspects were considered and only thereafter the above order was passed. On a specific request by learned counsel for the Applicant, further observations were made that if after his arrest the Applicant prefers Bail Application, it should be decided independently and in accordance with law. Inspite of that, again this fresh application is filed for anticipatory bail without there being any change in circumstance. 4.

In this view of the matter, I am not inclined to entertain this application. The Application is rejected. by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2022.03.25 17:21:47 +0530 (SARANG V. KOTWAL, J.) PRADIPKUMAR PRAKASHRAO DESHMANE