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Bombay High CourtABA/1644/2014allowed to be withdrawn at admission stage

Vasant Shantaram Dalvi v. The State Of Maharashtra

2014-12-24Hon'Ble Smt. Justice S.S. Jadhav2 pages

905.aba1644.14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1644 OF 2014 Vasant Shantaram Dalvi.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Prakash Sapkale, advocate for Applicant.

Mr. A.S. Shitole, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : DECEMBER 24, 2014 P.C.:

Heard. The learned Counsel for the applicant upon instructions seeks liberty to withdraw the application with further liberty to approach the Court of Sessions seeking pre-arrest bail in Crime No. 18E of 2014 for offence under the Indian Forest Act, which is registered on 13/12/2014. The learned Counsel submits that in fact, he had approached the Court of Sessions seeking pre-arrest bail in Crime No. 328 of 2014 which is registered for offence punishable under Section 353, 341, 332, 504, 506 read with 34 of the Indian Penal Code. Liberty as prayed for is granted in the interest of justice. Talwalkar 1/2

905.aba1644.14.sxw It prima facie appears that the applicant was not the owner of the plot of land, on which encroachment was going on. In view of this, the applicant is entitled to protection till 5/1/2015. The applicant is protected till 5 p.m. of 5/1/2015. During the said period, the applicant shall approach the Court of Sessions and seek pre-arrest bail for the offence registered under the Indian Forest Act. The application is dismissed as withdrawn and disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) Talwalkar 2/2