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Bombay High CourtABA/1673/2022disposed off

Jitendra Gunvantrai Joshi v. The State Of Maharashtra

2022-07-01Hon'Ble Smt. Justice Bharati Dangre2 pages

JAYARAJAN ANJAKULATH NAIR Date: 2022.07.01 18:31:18 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 06 ABA-1673.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1673 OF 2022 Jitendra Gunwantrai Joshi ] ... Applicant Vs.

The State of Maharashtra ] ... Respondent ...

Mr. Brijesh Rathod for the applicant.

Ms. Anamika Malhotra, A.P.P. for the State.

...

CORAM

: SMT. BHARATI DANGRE, J.

DATED : 01ST JULY, 2022.

P.C.:- 1.

The present application is filed seeking for anticipatory bail without being conscious of the fact that on 28/04/2022, the Sessions Judge, Borivili Division has cancelled the anticipatory bail granted to him.

2.

Pertinent to note that on 10/12/2021, the applicant was directed to be released on bail, in the event of his arrest, by imposing a condition that he shall attend to the Kandavli Police AJN

2/2 06 ABA-1673.22.odt Station on every Wednesday until filing of the charge-sheet. He, therefore, approached the court for relaxation of the attendance and, by recording that the applicant is presently in Rajkot, the court granted him relaxation and directed him to attend to the police station as and when the Investigating Officer seeks his presence.

3.

The prosecution moved an application for cancellation of bail by pleading that he has failed to appear despite messages being delivered to him by the Investigating Officer. The Additional Sessions Judge, Borivali Div., Dindshi, Mumbai, therefore, cancelled the protection granted in favour of the applicant. He once again moved an application before the Sessions Judge for anticipatory bail, which also came to be rejected on 25/05/2022 as being not maintainable. 4.

I see no legal infirmity in the order cancelling the order, granting anticipatory bail, as the applicant has failed to abide by the condition imposed on him, while he continued to enjoy his liberty. The present application is, therefore, dismissed. [SMT. BHARATI DANGRE, J.] AJN