Ankush Bhagwan Malave v. The State Of Maharashtra And ANR

ABA 1309-18.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1309 OF 2018 Ankush Bhagwan Malave .Applicant Vs.

The State of Maharashtra & anr.

.Respondents Mr. K. Patil i/b. Mr. P. S. Hagare, Advocate, for the Applicant Ms Veera Shinde, APP, for the Respondent No. 1 - State Mr. P. Patil, Advocate, for the Respondent No. 2

CORAM

:

SMT. SADHANA S. JADHAV, J.

DATE :

05.07.2018 P.C.

.

On 22.06.2018, after arguing for some time, learned counsel for the Applicant upon instructions had sought liberty to withdraw the Application with further liberty to surrender before the Magistrate on 04.07.2018 and in view of the same, the Applicant was protected till 5.00 p. m. of 04.07.2018.

2.

It is pertinent to note that on 04.07.2018, the present Application is filed. The Complainant is represented by Mr. Prashant Patil, Advocate and it is submitted that in fact, the Complainant and the accused have arrived at an amicable settlement long ago and that

ABA 1309-18.doc supplementary statement of the Complainant was recorded in January, 2018. It is further pertinent to note that the Application seeking pre-arrest bail has been filed after filing of the charge-sheet. This aspect was never brought to the notice of this Court. However, today, on the ground that the Complainant is appearing and conceding for grant of pre-arrest bail, this Court is not inclined to consider the Application, as it cannot be believed that such an amicable settlement was not brought to the notice of this Court on 22.06.2018.

3.

In view of this, the Applicant stands protected by way of last chance till 5.00 p. m. of 11.07.2018. The Applicant shall appear before the Magistrate on or before 09.07.2018. 4.

The Application stands disposed of accordingly. (SMT. SADHANA S. JADHAV, J.)