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Bombay High CourtABA/857/2023dismissed

Moulali @ Moula Ibrahim Patel v. State Of Maharashtra

2023-03-23Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

8 aba 857-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 857 OF 2023 Moulali @ Moula Ibrahim Patel ..Applicant v/s.

The State of Maharashtra .

..Respondent Mr. Rushikesh Kale for the Applicant.

Mr. S.V.Gavand, APP for the State.

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 23rd MARCH, 2023.

P.C.

1.

This is a second bail application under Section 438 Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.325 of 2022 registered with Sadar Bazaar Police Station, Solapur for offences under Section 143, 145, 148, 149, 307, 323, 324, 326, 504 of the Indian Penal Code, and Section 4 and 25 of the Indian Arms Act. 2.

The records reveal that the this Court ( Coram N.R.Borkar, J.) had by Order dated 10.11.2022 allowed the Applicant to withdraw the previous Anticipatory Bail Application No. 2989 of 2022. The previous Bail Application was withdrawn simplicitor without liberty to file fresh application. The practise of withdrawing the application simplicitor and filing fresh application, without there being any change PRASANNA P SALGAONKAR in fact situation, is nothing but an attempt of forum shopping, which is PRASANNA P SALGAONKAR Date: 2023.03.27 19:29:09 +0530 pps

8 aba 857-23.doc not conducive to judicial discipline.

3.

Under the circumstances, no case is made out to entertain the successive bail application. Hence the Application is dismissed. (ANUJA PRABHUDESSAI, J.) pps