Sanjay Nemchand Dodhia And ANR v. The State Of Maharashtra

1/2 904 ABA 2524-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2524 OF 2022 Sanjay Nemchand Dodhia & Anr ..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Mr.Ganesh Gole with Ateet Shirodkar for the applicants. Mr. Raviraj Paramane with Avinash Naik i/b Raju Mhatre for the intervenor.

Mrs.Anamika Malhotra, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 14th SEPTEMBER, 2022 P.C:- This is a second Bail Application which is filed by availing the liberty conferred on the applicant vide order dated 4/8/2022 (Cr.ABA No.1960/22).

The learned counsel for the applicant Mr.Gole state that he succeeded in his proceedings before the Division Bench and the proclamation is set aside and even in a Revision Application, the process that was issued, is also set aside. However, the learned APP state that the proclamation was in respect of some other C.R and she has placed on record a fresh proclamation issued on 6/8/2022 which is issued in C.R.No. I-45/2018 by the 5th JMFC, Bhiwandi.

Tilak

2/2 904 ABA 2524-22.doc In the wake of the proclamation being issued, in light of the authoritative pronouncement of the Apex court in case of Prem Shankar Prasad Vs. State of Bihar { CRIMINAL APPEAL NO.1209 OF 2021}, an application u/s.438 of Cr.P.C cannot be entertained. The learned counsel Mr.Gole seek permission to withdraw the application by reserving his liberty to avail the remedy, in case he is in a position to get the proclamation set aside. Permission granted.

Application is disposed off as withdrawn.

( SMT. BHARATI DANGRE, J.) Tilak