Bhagyashree Devidas Kanje v. State Of Maharashtra And ANR

52-appln-160-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.160 OF 2023 Bhagyashree Devidas Kanje ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

Mr. Vivek Arote, for the Applicant Mr. M.G. Patil, APP, for the Respondent/State. CORAM :

N. J. JAMADAR, J.

DATE :

SEPTEMBER 05, 2023 P.C.:

1.

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

2.

This is an application for cancellation of pre-arrest bail granted to respondent No. 2 by the learned Session Court, Borivali Division) Dindoshi by an order dated 3rd July, 2023. 3.

It is trite cancellation of bail already granted stands on a different footing than the rejection of the bail, at the first instance. From the perusal of the impugned order, it appears that the learned Sessions Judge has kept in view the principles which govern the grant of pre-arrest bail. I am, therefore, not inclined to entertain the application for cancellation of bail granted by the learned Additional Sessions Judge, on merits.

Vishal Parekar ...1

52-appln-160-2023.doc 4.

The learned counsel for the applicant submitted that the respondent No. 2/accused has committed breach of the conditions on which the bail has been granted by the Court of Session. If that is the case the applicant is at liberty to approach the Court of Session for appropriate reliefs.

5.

Keeping open the said liberty, the application stands disposed. (N. J. JAMADAR, J.) Vishal Parekar ...2