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Bombay High CourtABA/1044/2024disposed off

Amar Harishchandra Jadhav And ANR v. State Of Maharashtra And ANR

2024-04-17Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

17-aba-1044-24 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1044 OF 2024 Amar Harishchandra Jadhav & Ors.

..Applicants

Versus

The State of Maharashtra & Anr.

..Respondents _____ Mr. V. S. Tadake for Applicants.

Smt. M. H. Mhatre, APP for State/Respondent.

_____ CORAM :- SARANG V. KOTWAL, J.

DATE :- 17 APRIL 2024 P.C. :- 1.

The Applicant has approached this Court because his application below Exhibit-4 in Criminal Bail Application No.1985 of 2024 is rejected by the Additional Session Judge, Pune vide the order dated 08.04.2024. That application was filed for the interim relief in anticipatory bail application. Learned Judge then issued notice to the investigating officer which is made returnable on 24.04.2024. The subject matter is C.R.No.238 of 2023 registered at Shivaji Nagar, Pune city, under sections 509, 504, 506 r/w. 34 of the I.P.C. and under sections 37 and 135 of the Maharashtra Police Act. Subsequently, Section 354 and 354-A of the I.P.C. are applied. Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.04.19 12:58:44 +0530 VINOD BHASKAR GOKHALE

17-aba-1044-24 2.

Learned counsel for the applicant submitted that his anticipatory bail application is still kept pending before the Sessions Court. The ad-interim relief is rejected on the ground that the applicant has no apprehension of arrest.

3.

Learned APP submitted that, from the F.I.R., provisions of Section 354 are not made out. The other offences are bailable. Learned APP, therefore, on instructions makes a statement that the investigating agency does not want to arrest the present applicant. The statement is recorded.

4.

In view of this statement, learned counsel for the applicant does not press this application. Hence, the application is disposed of as not pressed.

(SARANG V. KOTWAL, J.)