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Bombay High CourtABA/3238/2023disposed off

Minakshi Sawant v. State Of Maharashtra And ANR

2023-11-30Hon'Ble Shri Justice N. J. Jamadar2 pages

17-aba-3238 -2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3238 OF 2023 Minakshi Sawant ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

Mr. Sushil Gaglani i/b. M/s. Shah and Furia Associates, for the Applicant.

Mr. S.H. Yadav, APP, for the Respondent/State. Mr. D.B. Suroshe, API, Goregaon police station. CORAM :

N. J. JAMADAR, J.

DATE :

NOVEMBER 30, 2023 P.C.:

1.

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

2.

This is a second application for pre-arrest bail. The first application in ABA No. 1935 of 2023 was withdrawn as the Court had expressed its disinclination to grant the interim relief. The order dated 13th July, 2023 read as under:- 1] Learned counsel for the Applicant as well as learned APP were heard, and when this Court expressed its disinclination to grant the interim relief, learned counsel for the Applicant seeks leave to withdraw the Application. Leave granted.

2] Application is dismissed as withdrawn.

3.

Evidently, when the Court had shown its disinclination to grant interim relief, the learned counsel had sought leave to Vishal Parekar ...1

17-aba-3238 -2023.doc withdraw the application and thereupon the application came to be dismissed as withdrawn.

4.

In the circumstances, since the Court has expressly recorded that the Court was not inclined to entertain the application and grant interim relief and thereupon the application came to be withdrawn, there is no propriety in entertaining the application. Hence, the application stands dismissed.

(N. J. JAMADAR, J.) Vishal Parekar ...2