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Bombay High CourtABA/907/2016anticipatory bail rejected

Mahendra Balu Bhilare v. The State Of Maharashtra

2016-06-06Hon'Ble Shri Justice A.M. Badar2 pages

19) ABA907-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.907 OF 2016 Mahendra Balu Bhilare ..Applicant.

V/s.

State of Maharashtra ..Respondent.

Ms.Anita Dhumal i/b. Mr.Vijay R. Shinde for the applicant. Mr.Y.M. Niakhawa, APP for respondent-State.

CORAM : AM.BADAR, J.

DATED : 6TH JUNE, 2016 P.C. :- 1.

The applicant / accused in Crime No.215/2016 registered with Satara Taluka Police Station for offence under section 8, 20(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 by this application under section 438 of the Criminal Procedure Code, 1973 is praying for pre-arrest bail.

2.

Heard the learned counsel for the applicant / accused who has stated that the applicant / accused is innocent person and he has not committed any offence. As 1/2

19) ABA907-16 against this the learned APP pointed out that the applicant had moved a similar applications in the past which are either withdrawn or rejected by this Court.

3.

It is seen that the earlier occasion, the applicant preferred Anticipatory Bail Application No.392 of 2016 which was withdrawn after full hearing of the matter. It is also seen that subsequently the applicant has preferred another Anticipatory Bail Application No.665 of 2016 and the same was rejected by this Court. There is no change in circumstances nor any such change can be pointed out by the learned counsel for the applicant. It is seen from the statement of Prashant Shelar that the present applicant had obtained 'Charas' from Uttarkhand and had handed it over to co-accused Nandkumar Bhilare for the purpose of selling the same. It is thus clear that the complicity of the applicant / accused in the crime in question which is a serious one is well established. As such, the application is rejected (A.M.BADAR, J.) 2/2