← Library
Bombay High CourtAPPP/361/2015others disposed off

The State Of Maharashtra v. Sanjay Shivaji Mali And ANR

2017-02-09Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

appp.361.2015_10.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.361 OF 2015 IN ANTICIPATORY BAIL APPLICATION NO.1426 OF 2014 The State of Maharashtra ... Applicant Vs.

Sanjay Shivaji Mali & anr.

... Respondents Mr.Y.M. Nakhwa APP, for Applicant - State Mr.D.D. Rananaware for Respondents CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: FEBRUARY 9, 2017 P.C. :

1.

This application is moved for cancellation of anticipatory bail granted to the respondents/accused by this Court vide order dated 9.12.2014 in Anticipatory Bail Application No.1426 of 2014. 2.

Learned Prosecutor appearing for the applicant/State submitted that the respondents/accused No.1 Sanjay Shivaji Mali has filed a bogus medical certificate that on 8.9.2014 he was admitted in a hospital as an indoor patient. The learned Prosecutor relied on a report of Civil Surgeon, Satara dated

appp.361.2015_10.doc 16.12.2014 wherein he has informed that the respondent/accused Sanjay Shivaji Mali was not admitted as indoor patient on those two days. The learned Prosecutor has, therefore, submitted that the respondent/accused has filed a bogus certificate and, therefore, the anticipatory bail be cancelled. 3.

The learned Counsel for the respondents/accused submitted that the respondents have not breached any condition imposed on them at the time of granting pre-arrest bail. 4.

Heard the learned Prosecutor as also the learned Counsel for the respondents. Nothing is shown about the violation of the order of granting pre-arrest bail by this Court. If a forged document is prepared and filed by the respondents/accused in the Court, then, the State may take necessary action against the respondents/accused by following proper procedure of law. However, this is not a ground to cancel the pre-arrest bail. Also, the medical certificate was not a factor before the Court at the time of granting pre-arrest bail.

5.

Application is, therefore, rejected.

(MRIDULA BHATKAR, J.)