Pankaj Ramnaresh Saraf v. The State Of Maharashtra And ANR

P.H. Jayani 10 APPLN640.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 640 OF 2015 Pankaj Ramnaresh Saraf .... Applicant v/s.

The State of Maharashtra and anr.

.... Respondents None for the Applicant.

Mr. P.H. Gaikwad, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th SEPTEMBER, 2021.

P. C. :- .

This is an Application filed by the first informant under Section 439(2) of the Code of Criminal Procedure, seeking cancellation of prearrest bail granted to Respondent No.2 by the learned Special Judge, M.P.I.D. Act & Addl. Sessions Judge, City Civil & Sessions Court at Bombay in Anticipatory Bail Application No.701 of 2015 arising from C.R.No.89/2013 at EOW, Unit V.

2.

Learned APP states that subsequent to the said order, charge sheet has been filed before the MPID Special Court, Mumbai on 06/01/2014 and that the Applicants have been released on regular bail.

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P.H. Jayani 10 APPLN640.2015.doc 3.

It is well settled that the order of bail cannot be cancelled unless the order of bail suffers from serious infirmities resulting in miscarriage of justice.

4.

In the instant case, the order of bail cannot be said to be perverse and does not suffer from infirmities. The Respondent/accused has not misused the liberty and there are no chances of his absconding or thwarting the course of justice. The Application has no merits and is accordingly dismissed.

Digitally signed by PREETI H JAYANI Date:

2021.09.08 16:58:29 +0530 PREETI JAYANI (SMT. ANUJA PRABHUDESSAI, J.) 2/2