Nikita Sharad Madne And ORS. v. The State Of Maharashtra And ANR.

Diksha Rane 24. APPLN 157-20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION DIKSHA DINESH RANE CRIMINAL APPLICATION NO.157/2020 DIKSHA DINESH RANE Date: 2023.02.03 14:45:18 +0530 NIKITA SHARAD MADNE & ORS.

..APPLICANTS VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Adv. Manohar Rajput i/b. Adv. Siddhesh Rajput for the applicants.

Mr. S. V. Gavand, APP for State.

------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 3, 2023.

P.C. :

1.

Heard learned counsel for the applicants and learned APP for the State.

2.

This is an application for cancellation of bail. The bail was granted to the accused by an order dated October 1, 2020 passed by the trial Court.

3.

Learned counsel for the applicants on the question as to why bail should be cancelled submitted that the trial Court was not justified in relying upon the additional statement dated January 3, 2016 which was prior to the incident as the incident occurred on October 29, 2016. 4.

I find that apart from this additional statement, the 1/2

Diksha Rane 24. APPLN 157-20.doc trial Court has considered other factors while granting bail to the accused. I do not see any reason to interfere with the order granting bail at this juncture as the order was passed far back as on October 1, 2020 and more so when there is no allegation that any of the condition on which the accused was released on bail are violated.

5.

Sufoce it to observe that the observations made by the trial Court including reliance placed on the additional statement is limited for considering the application for bail and the same shall not influence the trial. The trial obviously will be decided on its own merits and on the basis of evidence.

6.

The application is disposed of.

(M. S. KARNIK, J.) 2/2