Nana Tukaram Borse v. Akash Prakash Nigal And ORS

12.Appln405_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 405 OF 2015 Nana Tukaram Borse ... Applicant Vs.

Akash Prakash Nigal & Ors.

... Respondents Ms. Divya Parab i/b. Rameshwar N. Gite, Advocate for the Applicant. Mr. Deepak Thakre, APP for the respondent/State. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 23rd March, 2017.

P.C.:

This Application is moved for cancellation of anticipatory bail granted to the respondents/accused by order dated 18th April, 2015 passed by the learned Additional Sessions Judge, Nashik in Criminal Misc. Application No. 379 of 2015.

2.

The respondents/accused Akash Prakash Nigal and Bhushan Keda Thorat are facing charges under section 302 r/w. 34 of the Indina Penal Code and under section 4, 25 of the Arms Act. One Ravindra Nana Borse was killed on 16th February, 2015 on the road. 3.

The learned counsel for the applicant/original complainant has submitted that the respondents/accused are facing charges of 1 / 2

12.Appln405_2015.doc murder and they were present at the time of incident, therefore, the order of granting bail be set aside and quashed. 4.

Learned APP submitted that the State has not challenged the order of learned Additional Sessions Judge.

5.

Perused the impugned order dated 18th April, 2015. There is nothing on record to show that accused have breached the conditions of bail. Moreover, after going through the submissions of Sanket Rangnath Bagul and other eye witnesses, it is found that the observations of learned Judge when he passed the order of bail that no direct evidence is available cannot be faulted with at this stage. There is no need to disturb the order of the learned Additional Sessions Judge. Hence, the Application is dismissed. (MRIDULA BHATKAR, J.) 2 / 2