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Bombay High CourtAPPLN/245/2016others disposed off

Pravin Ramchandra Raut v. Nilesh Bapu Jadhav And ANR

2018-02-01Hon'Ble Shri Justice A.S. Gadkari2 pages

45 appln 267-16=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 267 OF 2016 The State of Maharashtra ... Applicant V/s.

Nilesh @ Nitya Bapu Jadhav ... Respondent WITH CRIMINAL APPLICATION NO. 245 OF 2016 Shri. Pravin Ramchandra Raut ... Applicant V/s.

Nilesh Bapu Jadhav & Anr.

... Respondents ­­­­­ Mrs. J.S. Lohokare, APP for the Applicant/State in APPLN/267/2016 None for Applicant in APPLN/245/2016 None for the Respondent.

CORAM : A.S.GADKARI, J.

DATE : 1st FEBRUARY, 2018 P.C.:

.

These are the applications for cancellation of bail granted to the Respondent by the learned Special Judge (MCOC Act), Thane below Exh. 7 in MCOC Case No. 7 of 2014. The Respondent is an accused in CR No. I­62 of 2014 registered with Badlapur Police Station for the offence punishable under Sections 302, 120(b) of Indian Penal Code and under Section 3 and 25 of the Arms Act and under Section 37(1) 135 of the Bombay Police Act and under Section 3(1) (ii), 3(2) & 3(4) of Maharashtra Control of Organised Crime Act, 1999. Sneha Chavan 1/2

45 appln 267-16=.doc Heard the learned APP. Perused the record.

The learned Trial Court while releasing the Respondent in both the applications on bail has recorded a finding that there is reasonable ground to believe that the Respondent is not involved in the present crime and there is further reason to believe that he will not commit offence, if released on bail. The record indicates that Respondents till date has not indulged into any crime after his release from jail.

After perusing the record and the impugned order, this Court is of the view that the Trial Court has not committed any error either in law or on facts while passing the impugned Order dated 13.04.2016.

Both the Applications are accordingly rejected. (A.S.GADKARI, J.) Sneha Chavan 2/2