The State Of Maharashtra v. Adv.Baban @ Govardhan Dnyanoba Bhagat And ANR

31.APPP.138.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.138 OF 2015 The State of Maharashtra ... Applicant V/s.

Adv.Baban @ Govardhan Dnyandoba Bhagat & Anr.

... Respondents ---- Smt. J.S. Lohokare, APP for the Applicant - State. Mr. Manoj Badgujar for the respondent Nos.1 and 2. CORAM : A.S.GADKARI, J.

DATE : 15th JANUARY 2018 P.C.:

1.

This is an application for cancellation of anticipatory bail granted to the respondents by an Order dated 19.08.2014 passed in ABA/679/2014 below Exh.1 by the learned Additional Sessions Judge, Kalyan.

2.

The applicants are accused in C.R.No.I-200/2014 dated 28.07.2014 under Section 452, 363, 354, 398, 308, 324 r/w.34 of the Indian Penal Code.

3.

It is alleged that, with a view to get the landed property vacated, Aarti Palkar 1/2

31.APPP.138.15.doc the applicants alongwith other accused-persons assaulted the first informant Smt. Pushpanjali Singh and also outraged the modesty of her daughter on the date of incident. It is further alleged that the applicants committed criminal trespass in the house of the first informant and have committed an offence as contemplated under Section 394 of the Indian Penal Code. The applicants were granted pre-arrest bail by the impugned order as afore-stated. After perusing the record and the impugned order, it appears that the Trial Court after taking into consideration the various aspects of the present matter has passed the impugned order. 4.

After perusing the impugned order, this Court is of the view that there is no error either in law or on facts committed by the Trial Court while passing the impugned order.

5.

Application being devoid of merits, is accordingly rejected. (A.S.GADKARI, J.) Aarti Palkar 2/2