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Bombay High CourtAPEAL/560/2019others disposed off

Kamal Abdulrazak Bebal v. The State Of Maharashtra And ANR

2019-11-07Hon'Ble Shri Justice P.N. Deshmukh2 pages

1/2 17. APEAL 560-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 560 OF 2019 Kamal Abdul-Razak Bebal .. Appellant

Versus

State of Maharashtra and Anr.

.. Respondents ...

Ms. Swati Khot i/by Mr. Harshavardhan Salgaonkar for the Appellant.

Mrs. Jyoti Lohokare, APP for Respondent No.1/State. CORAM: P. N. DESHMUKH, J.

DATED : 7th NOVEMBER,2019.

P.C:- Heard Learned Counsel for appellant and Leaned APP. 2.

None for Respondent No.2, though appears to be served.

3.

This appeal is filed for grant of anticipatory bail by one of the accused in crime No.86 of 2019 registered by Chiplun Police Station, Ratnagiri for the offence punishable under Section 3(1)(r) Wakodikar

2/2 17. APEAL 560-19.doc (y) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2012 and under Section 352, 406, 427 read with 34 of Indian Penal Code, which came to be registered on the basis of report lodged by Balaram Babu Chiplunkar. Learned Counsel has submitted that interim orders, in force, be confirmed as there is no evidence against the appellants.

4.

Record reveals that by order dated 5th April, 2019, appellant is protected from his arrest. Today, Learned APP has tendered Police Report dated 17th July, 2019. Same is marked X-for Identification and as contended that for want of sufficient evidence, investigating agency has filed 'B' summary report in the present crime.

5.

In view of above stated facts, interim orders are liable to be confirmed. Accordingly following order is passed.

ORDER

Criminal Appeal No.560 of 2019 is disposed of by confirming interim order dated 5th April, 2019. (P. N. DESHMUKH, J.) Wakodikar