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Bombay High CourtAPPLN/683/2015others disposed off

The State Of Maharashtra v. Mahesh Anant Koli And ORS

2018-01-18Hon'Ble Shri Justice A.S. Gadkari2 pages

36 appln 683-15=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 683 OF 2015 The State of Maharashtra ... Applicant V/s.

Mahesh Anant Koli & Ors.

... Respondents ----- Ms. P.N. Dabholkar, APP for the Applicant.

CORAM : A.S.GADKARI, J.

DATE : 18th JANUARY, 2018 P.C.:

.

This is an application for cancellation of regular bail granted to the Respondent Nos. 1 to 3 by the Trial Court vide its order dated 22.06.2015 in C.R. No. 414 of 2013 registered with Malwani Police Station, Mumbai. The learned APP submitted that the learned Trial Court has not taken into consideration that the alleged offence against the Respondents under Section 302 of I.P.C. is serious in nature and therefore, the Trial Court ought not have granted bail to the Respondents.

Perused the impugned order and charge-sheet annexed to the application. The Trial Court after taking into consideration, the various aspects of the matter and the fact that the Respondents herein are entitled to claim parity with other accused persons, who have been already released on bail by the Trial Court was Sneha Chavan 1/2

36 appln 683-15=.doc pleased to release the Respondents on bail by the impugned order. The factum of completion of investigation and filing of charge-sheet has also weighted in the mind of Trial Court while passing of impugned order. After perusing the record, this Court is of the opinion that Trial Court has not committed any error either in law of or an facts while passing the impugned order. Application being devoid of any merits is accordingly rejected. (A.S.GADKARI, J.) Sneha Chavan 2/2