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Bombay High CourtAPPLN/251/2015others disposed off

Mansi Chintan Busa v. The State Of Maharashtra And ORS

2018-01-15Hon'Ble Shri Justice A.S. Gadkari2 pages

32.APPP.251.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.251 OF 2015 Smt. Mansi Chintan Busa ... Applicant V/s.

The State of Maharashtra & Ors.

... Respondents ---- Mr. Rajesh Pharat for the Applicant.

Mr. Ameet Palkar, APP for the Applicant - State. Mr. S.S. Karmarkar for respondent Nos.2 to 6. CORAM : A.S.GADKARI, J.

DATE : 15th JANUARY 2018 P.C.:

1.

This is an application for cancellation of anticipatory bail granted to respondent Nos.2 to 6 by the learned Additional Sessions Judge, Mumbai in ABA/148/2015 by its Order dated 27.03.2015. 2.

The learned Counsel appearing for the respondents on instructions submitted that, during the pendency of the present application, police have completed the investigation and submitted charge-sheet. He further submitted that, as a matter of fact the Trial Court has already framed charge and the trial has already commenced.

Aarti Palkar 1/2

32.APPP.251.15.doc 3.

In view of the decision of this Court in the case of Priyanka Pakvasa V/s. Sameer Pakvasa and Anr. in Criminal Application No.733/2014 in ABA No.1785/2014 dated 25.01.2016 the present application for cancellation of bail on merits after filing of charge-sheet does not survive and is accordingly disposed off. However, the applicant is at liberty to file an application under Section 439(2) for breach of condition imposed by the Trial Court while granting anticipatory bail.

4.

Application is disposed off in the aforesaid terms. (A.S.GADKARI, J.) Aarti Palkar 2/2