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Bombay High CourtAPPLN/615/2015others disposed off

Smt. Sharda Dattatray Choudhari v. Prashant Manohar Devanani And ANR

2018-01-17Hon'Ble Shri Justice A.S. Gadkari2 pages

56-appln.615-15 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 615 OF 2015 Sharada D.Choudhary vs. Prashant M. Devnani and anr. Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. S.L. Kapse i/by Nikhil Rejeshirke for the Applicant. Mr. A.A. Takalkar, APP for the State.

MR.A.H. Ponda for Respondent No.1.

CORAM :A.S.GADKARI, J.

DATE : 17th January, 2018 P.C.

1.

This is an application for cancellation of anticipatory bail granted to respondent Nos. 3 to 5 by the learned Additional Sessions Judge, Greater Bombay in its order dated 13.3.2015 in Anticipatory Bail Application No. 1522 of 2013. 2.

Mr. Ponda, learned counsel appearing for Respondent No.1 on instructions submitted that during the pendency of the present application the police have completed investigation and submitted charge sheet on 16.2.2016.

3.

In view of the decision of this Court in the case of Priyanka Pakvasa vs. Sameer Pakvasa and anr. in Criminal Application No.723/2014 in ABA No.1785/2014 dated 25.1.2016 the present application for cancellation of bail on 1/2

56-appln.615-15 merits, after filing of charge sheet does not survive and is accordingly disposed off.

4.

Mr. Kapse, learned counsel appearing for the applicant submitted that as a matter of fact the applicant has also filed writ petition in this Court for transfer of investigation and the same is subjudiced. In view thereof, the applicant is granted liberty to file a fresh application for cancellation of bail in the event his prayer for transfer of investigation is accepted by this Court and in such an event the said application will be considered on its own merits.

(A.S.GADKARI, J.) 2/2