Komal Gopal Sinha v. The State Of Maharashtra And ANR

Vishal prod-1-appln-289-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.289 OF 2014 Komal Gopal Sinha ... Applicant vs.

The State of Maharashtra and Another ... Respondents Ms. Komal Gopal Sinha, the Applicant in person. Ms. Rutuja Ambekar, APP for Respondent - State.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

18th APRIL, 2016 P.C.:

.

Not on board. Upon mentioning taken on board. 2.

The application is moved for cancellation of bail challenging the order dated 1st March, 2014 in Anticipatory Bail Application No. 70 of 2014. The Respondent is the co-accused and the father of the principal accused. The complainant has lodged first information report against the principal accused and his father for the offences punishable under Sections 376, 406, 419, 420, 493, 352, 509, 354(a)(b) read with 34 of the Indian Penal Code and under Sections 66A and 67A of Information Technology Act. 1 / 2

prod-1-appln-289-2014.doc 3.

It is submitted by the applicant/original complainant that the father of the principal accused was fully aware about the first marriage however, he supported his son. She further submitted that after getting pre arrest bail, the accused committed another non bailable offence. Therefore, his pre arrest bail may be cancelled. 4.

On perusal of the first information report dated 4th January, 2014 and the order dated 1st March, 2014 passed by the learned Additional Sessions Judge, Thane granting pre arrest bail to the Respondent/original accused, I am not inclined to cancel the pre arrest bail granted to the Respondent/accused as no grounds are made out to invoke the powers under Section 439(2) of Code of Criminal Procedure.

5.

Accordingly the criminal application stands dismissed. (MRS.MRIDULA BHATKAR, J.) 2 / 2