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Bombay High CourtABA/695/2023dismissed

Hansraj Munsiram Seniwal And ANR v. The State Of Maharashtra And ORS

2023-03-08Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

Megha 6aba_695_2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.695 OF 2023 Hansraj Munsiram Seniwal and Anr.

...Applicants

Versus

The State of Maharashtra and Ors.

...Respondents

...

Mr. Bimal Bhabda with Mr. Ashish Dubey for the Applicants. Mr. R.M. Pethe, APP for Respondent -State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 8th MARCH, 2023.

P.C. :- 1.

This is an application for transit bail filed by the aforesaid Applicant in R.C.C. No.104 of 2022, which is pending on the file of Second Joint, J.M.F.C., Dharur, District-Beed.

2.

Heard Mr. Bimal Bhabbda, learned counsel for the Applicant and Mr. R.M. Pethe, learned APP for Respondent -State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

3.

The records prima facie reveal that the Applicant is one of the accused in R.C.C. No.104 of 2022. He has not appeared before the Court and the learned Magistrate being satisfied that the Applicant has absconded and that there was no immediate prospect of arresting him, has proceeded 1/2

Megha 6aba_695_2023.doc under Section 299 of Cr.P.C. The records further reveal that the application for cancellation of warrant has already been rejected. The Applicant has filed an application for pre-arrest bail instead of challenging the said order. No case is made out to grant interim bail or pre-arrest bail. Hence, the application is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) by MEGHA S PARAB Date:

2023.03.09 14:34:48 +0530 MEGHA S PARAB 2/2