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Bombay High CourtABA/1316/2021rejected

Anil Sahadeo Sali v. The State Of Maharashtra

2021-06-18Hon'Ble Shri Justice Prakash D. Naik3 pages

Ethape 1 36.ABA.1316.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1316 OF 2021 Anil Sahadev Sali .. Applicant Vs.

The State Of Maharashtra .. Respondent -------------------------------------------------------------------------------------- Mr.Sanjeev Kadam i/b. Mr.Vinod S. Chate,Advocate for Applicant.

Mr. S. S. Pednekar, A.P.P. for the State-Respondent. -------------------------------------------------------------------------------------- CORAM : PRAKASH D. NAIK, J.

DATE : 18th JUNE, 2021 PC.

1.

This is a third application for anticipatory bail before this Court. The first application was disposed of vide order dated 11.12.2020. The said order indicates that application was argued and since the Court was not inclined to grant relief, the applicant had prayed for unconditional withdrawal of the application and hence the application was disposed of. Subsequently, another application was preferred before this Court viz. Anticipatory Bail Application No.488 of 2021. The said application was heard and since the Court was not inclined to grant relief, learned counsel for the applicant

Ethape 2 36.ABA.1316.2021 sought withdrawal of the application and submitted that the applicant would surrender before Investigating Officer on 15.03.2021. The application was allowed to be withdrawn. Applicant was permitted to surrender before the Investigating Officer on 15.03.2021.

2.

Apparently, applicant did not surrender in accordance with order dated 02.03.2021 although the submission in this regard was made before this Court while disposing of the said application. The applicant now contend that he is not keeping good health and in view of the observation of the Apex Court in Suo-Motu Writ Petition (c) No.1/2020 the applicant be granted relief.

Learned counsel for the applicant adverted to observations of the Apex Court in paragraph No.6 clause 11.1 and 12 of the aforesaid decision.

3.

I have perused the documents. The previous application was withdrawn since Court was not inclined to grant relief. Despite permission being granted to the applicant to surrender at his request, before the Investigation Officer, the applicant did not surrender. No ground is made out for granting relief in

Ethape 3 36.ABA.1316.2021 this application. Considering the aforesaid circumstances, this application cannot be entertained. Hence application is rejected.

ORDER

Anticipatory Bail Application No.1316 of 2021 is rejected. (PRAKASH D. NAIK, J.)