Kishor Murlidhar Pagare v. The State Of Maharashtra

Ethape 1 10-ABA-3324-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3324 OF 2022 Kishor Murlidhar Pagare ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Aniket Vagal, Advocate for the Applicant. Ms. P. N. Dabholkar, APP for the Respondent - State. ....

by DNYANESHWAR ASHOK ETHAPE Date:

2022.12.20 14:24:20 +0530 DNYANESHWAR ASHOK ETHAPE CORAM : PRAKASH D. NAIK, J.

DATE : 19th DECEMBER, 2022 PC :

1.

The Applicant is apprehending arrest in connection with C.R. No.151 of 2022 registered with Nashik Taluka Police Station for offences punishable under Sections 420, 467, 468, 471 read with 34 of the Indian Penal Code.

2.

The Applicant had preferred Criminal Anticipatory Bail Application No. 2826 of 2022 before this Court. The application was heard on 13th October 2022. Since, the Court was not inclined to grant relief, the application was withdrawn and disposed off. 3.

Learned Advocate for the Applicant submitted that, the Applicant is public servant. Other accused had preferred application

Ethape 2 10-ABA-3324-2022.doc for anticipatory bail before the Court of Sessions, which are allowed by the said Court. The persons, who were granted anticipatory bail by the Sessions Court were the Police Officers. Hence, there is change in circumstance to entertain this application. 4.

Learned APP strongly opposed the application. It is submitted that, the Applicant was posted on the establishment of Civil Hospital. The Applicant had played vital role. Learned APP pointed out the observations of the Sessions Court appearing in order dated 27th September 2022, while rejecting the said application for anticipatory bail preferred by Applicant wherein it was observed that, the Applicant had played major role of conspiracy with other Police Officer and Members of Civil Hospital. Physical custody of the Applicant is necessary.

5.

The previous application was heard and decided by this Court on 13th October 2022. The order clearly indicate that, the Court was not inclined to grant relief hence, the application was rejected. I do not find any chance in circumstance to entertain the present application. Hence, the application stands rejected.

ORDER

Criminal Anticipatory Bail Application No.3324 of 2022 is rejected and disposed off.

(PRAKASH D. NAIK, J.)