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Bombay High CourtAPPLN/641/2015disposed off

Janabai @ Anita Babasaheb Ghogare v. The State Of Maharashtra And ORS

2021-09-06Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 11 APPLN641.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 641 OF 2015 Janabai @ Anita Babasaheb Ghogare .... Applicant v/s.

The State of Maharashtra and ors.

.... Respondents Mr. Tushar N. Sonawane for the Applicant.

Mr. S.V. Gawand, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th SEPTEMBER, 2021.

P. C. :- .

This is an Application filed under Section 439(2) of the Code of Criminal Procedure, by the first informant for cancellation of pre-arrest bail granted to Respondent Nos.2 to 5 by order dated 17/08/2015 passed by District Judge-3 & Addl. Sessions Judge, Kalyan in Anticipatory Bail Application No.812/2015.

2.

By order dated 02/12/2015, the Application was dismissed as against Respondent Nos.3 to 5. As far as Respondent No.2 is concerned, notice was ordered to be issued. Office note indicate that the Applicant has not furnished the copy and hence, notice was not issued. By order dated 29/02/2016, this Court had directed the 1/2

P.H. Jayani 11 APPLN641.2015.doc Applicant to remove office objections within a period of two weeks from the date of the order. Subsequent office notes indicate that the Applicant has not removed office objections and has not furnished copy of the Application. The Applicant has not taken steps to serve the Respondent No.2 despite opportunities given. Furthermore, it is stated that the charge sheet has already been filed and the case is pending before JMFC, Kalyan.

3.

Considering the above facts, the Application is dismissed for non prosecution.

PREETI H JAYANI (SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI Date: 2021.09.08 16:59:01 +0530 2/2