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Bombay High CourtABA/1660/2015others disposed off

Neha Parag Vora v. The State Of Maharashtra

2015-11-20Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1660 OF 2015 Mrs. Neha Parag Vora .. Applicant v/s.

State of Maharashtra ..Respondent Mr. Shankar L. Mhatre for the applicant Mrs. Neha Prashant i/b ALMT Legal for the respondent no.2 Mr. Y.M. Nakhawa, APP for respondent State CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 20th NOVEMBER, 2015.

P.C.

1.

The applicant herein had filed this application for anticipatory bail apprehending her arrest in Crime No.211 of 2014 registered at Shivaji Nagar Police Station, Pune for the offences under Sections 420, 468, 471 r/w 34 of the IPC. 2.

Heard the learned Counsel for the applicant and the learned APP for the State.

3.

It is seen that the applicant has filed an application for anticipatory bail before the learned Sessions Judge. The applicant was granted interim bail and was put to certain terms. The order of the learned Sessions Judge reveals that the applicant had not complied with the conditions imposed in the interim bail application and had not co-operated with the Investigating agency and hence, the application was dismissed. The learned Counsel for the applicant has submitted that the mother-in-law of the applicant was serious and suffering from cancer as a result, the applicant was not able to comply with the conditions of the interim order. The applicant undertakes to co-operate with the I.O. and comply with the terms of the interim order dated 29.11.2014 passed by the Additional Sessions Judge in Criminal Misc. Application No.3828 of 2014.

4.

In the light of the above statement, in my considered view, the application for anticipatory bail needs to be decided on merits. Consequently, the impugned order dated 01.10.2015 is quashed

and set aside. The learned Sessions Judge is directed to decide the said application on its own merits. The applicant to appear before the Sessions Judge by giving prior intimation to the APP on 30th November, 2015 at 11.00 a.m.

(ANUJA PRABHUDESSAI, J.)