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Bombay High CourtAPPLN/474/2017disposed off

Mahesh Chandrakant Zagade v. Vaibhav Chandrakant Shiva And ORS

2021-04-01Hon'Ble Justice Revati Mohite Dere2 pages

6-APPLN-474-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 474 OF 2017 Mahesh Chandrakant Zagade ...Applicant

Versus

Vaibhav Chandrakant Shiva & Ors.

...Respondents

Mr. Rajesh A. More for the Applicant None for the Respondent Nos. 1 to 6 Mr. P. H. Gaikwad-Patil, A.P.P for the Respondent No.7-State CORAM : REVATI MOHITE DERE, J.

THURSDAY, 1 st APRIL 2021 P.C. :

By this application, the applicant seeks cancellation of bail granted to the respondent Nos. 1 to 6 vide order dated 11th July 2017 by the learned Additional Sessions Judge, Raigad, Alibag. Mr. More vehemently submits that the bail of the respondent Nos. 1 to 6 ought to be cancelled. He submits that gold has not been SQ Pathan 1/2

6-APPLN-474-2017.doc recovered in the said case and that the offence was serious in nature and as such the respondent Nos. 1 to 6 ought not to have been released on bail. Perused the papers as well as the impugned order. The learned Judge has considered the merits of the case and thereafter enlarged the respondent Nos. 1 to 6 on regular bail vide order dated 11th July 2017. Having perused the impugned order, no perversity can be found in the said order granting bail to the respondent Nos. 1 to 6. Infact, after the said respondents were released on bail vide order dated 11th July 2017, the police filed charge-sheet in the said case on 22nd November 2017. Considering the aforesaid, there is no merit in the application. Application is accordingly dismissed.

REVATI MOHITE DERE, J.

SQ Pathan 2/2