Ravi Virji Patel And ORS v. State Of Maharashtra

P.H. Jayani 06 ABA2105.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2105 OF 2023

1. Ravi Virji Patel

2. Deepak Kamalashankar Kanaujiya

3. Vijayanand Digambar Shirodkar

4. Devashanand Digambar Shirodkar .... Applicants v/s.

The State of Maharashtra .... Respondent Mr. Jagtap i/b. Kumar and Associates for the Applicants. Mr. S.V. Gavand, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 31st JULY, 2023.

P. C. :- .

The Applicants apprehend their arrest in C.R.No.417/2013 registered at Borivali Police Station, Mumbai which has culminated in filing of the charge sheet being C.C.No.400/PW/2014 pending on the file of learned Metropolitan Magistrate Court, Borivali for offences punishable under sections 143, 144, 147, 332, 353, 506 r/w. 149 of the Indian Penal Code.

2.

The records reveal that the Applicant was arrested in C.R.No.417/2013 and was subsequently released on bail. Upon completion of investigation, charge sheet was filed in the year 2014. 1/2

P.H. Jayani 06 ABA2105.2023.doc The Applicant failed to remain present before the Court and warrant was issued and bonds were cancelled. Warrant was once again issued in the year 2023. Instead of appearing before the Court of learned Metropolitan Magistrate and seeking cancellation of warrant, the Applicant approached the Sessions Court for pre-arrest bail on the ground that the warrant was illegal. The said application has been dismissed by the learned Sessions Judge by order dated 13/07/2023. 3.

Having gone through the reasons recorded in the said order, I do not find any reason to interfere with the said order. The present application is nothing but an abuse of process of law. Hence, the Application is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) PREETI HEERO JAYANI by PREETI HEERO JAYANI Date: 2023.08.01 14:16:55 +0530 2/2