Alok S/O. Mahesh Sharma And ANR v. The State Of Maharashtra

11-aba-1176-18.doc Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1176 OF 2018 Alok Mahesh Sharma and anr. vs. The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Smt. Pooja Joshi i/by A.M.Sarogi for the Applicant. Smt. J.S.Lohokare, APP. For the State.

Mr. Subhash Jha with Mr. H. Mishra for the Intervener. CORAM : A.S.GADKARI, J.

DATE : 6th August, 2018 P.C.

1.

The applicants were granted interim relief by an Order dated 18.6.2018.

2.

Heard the learned counsel for the applicants and the learned APP. Perused the record of investigation. 3.

After hearing the learned counsel for the applicants at length, when this Court was not inclined to grant any relief in favour of applicant No.1 Alok Mahesh Sharma, the learned counsel on instructions seeks leave to withdraw the application with liberty to surrender before the concerned Magistrate having jurisdiction over Naupada Police Station, Thane on or before 11.00a m. of 13.8.2018.

11-aba-1176-18.doc Leave and liberty granted.

4.

Dismissed as withdrawn as far as Applicant No.1 Shri. Alok Mahesh Sharma is concerned.

5.

As far as applicant No.2 Smt. Hemangi Alok Sharma is concerned, the record indicates that, she being the wife of coaccused Alok Sharma on certain occasions accompanied him when the co accused Alok Sharma gave assurances to the informant. Apart from the said fact, it appears that, no overt act is attributed to her and therefore, she can be protected by prearrest bail. Hence, the following order.

a) The application of Applicant No.1 Alok Sharma is dismissed with the aforesaid liberty.

b) Interim relief granted in favour of applicant No.2 Smt. Hemangi Alok Sharma by Order 18.6.2018 is hereby confirmed. c) Application is partly allowed in the aforesaid terms. (A.S.GADKARI, J.)