Devendra Prabhakar Bari v. State Of Maharashtra And ANR

51-appln-116-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.116 OF 2022 Devendra Prabhakar Bari ...Applicant vs.

The State of Maharashtra and Others

...Respondents

Mr. Nitin Gangal, for the Applicant Mr. M.G. Patil, APP, for the Respondent/State. Ms. Yogita Deshmukh-Chitnis, for Respondent No. 2. CORAM :

N. J. JAMADAR, J.

DATE :

SEPTEMBER 05, 2023 P.C.:

1.

This is an application for cancellation of pre-arrest bail granted by the learned Additional Session Judge, Palghar by an order dated 21st December, 2021 in connection with C.R. No.73 of 2021 for the offences punishable under sections 324, 143, 147, 148, 149, 323, 504, 506, 326 and 307 of the Indian Penal Code, 1860. 2.

Mr. Gangal, learned counsel for the applicant, submitted that the pre-arrest bail has been granted without considering the serious nature of the injuries suffered by the first informant. 3.

The learned counsel for the accused submits that the investigation in the aforesaid crime has been completed and charge sheet has been lodged even before the filing of the instant application. The learned counsel seeks leave to tender a copy of the charge-sheet which appears to have been filed on 29th January, 2022.

Vishal Parekar ...1

51-appln-116-2022.doc 4.

Leave granted.

5.

The adequacy of the reasons assigned by the learned Additional Session Judge to grant pre-arrest bail, may be questioned. However, at this distant point of time when the chargesheet has been lodged and the case has been committed to the Court of Session, there is no propriety in entertaining the application for cancellation of pre-arrest bail.

Application stands rejected.

(N. J. JAMADAR, J.) Vishal Parekar ...2