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Bombay High CourtAPPLN/1043/2015disposed off

1 Amol S/O Yashwant Gawali And ORS v. The State Of Maharashtra

2015-03-23Hon'Ble Shri Justice V.M. Deshpande2 pages

G.A.Ghule [P.A.] 1/2 cri.appln. 1043.15..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CRIMINAL APPELLATE JURISDICTION.

Criminal Application No. 1043 Of 2015.

AMOL S/O YASHWANT GAWALI

VERSUS

THE STATE Of MAHARASHTRA.

Appearance => Mr. Hemant Surve, Advocate for the Applicants. Mr. M.M. Nerlikar, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. DESHPANDE, J.

DATE :

23rd MARCH, 2015.

Per Court :- Present Criminal Application is filed by the applicants for grant of anticipatory bail since they are apprehending their arrest in connection with CR No.112/ 2015 registered with Mukundwadi Police Station, Aurangabad, Dist. Aurangabad for the offences punishable under Section.s. 498(A), 323, 506 read with 34 of the Indian Penal Code and under Section.s. 3 and 4 of the Dowry Prohibition Act, since their request for ad interim anticipatory bail was rejected by the learned Sessions Judge.

[2] During pendency of present Application, orders passed by this court on 27th February, 2015 and 9th March, 2015 show that, main application filed on behalf of present Applicants for grant of anticipatory bail was pending. Today when the matter is called, Mr.

2/2 cri.appln. 1043.15..sxw Surve, learned counsel submitted that, the learned Sessions Judge has granted anticipatory bail in favour of present Applicant Nos. 2 to 5 however, rejected prayer of applicant No.1 for grant of anticipatory bail.

[3] In view of the fact that the learned Sessions Judge has granted anticipatory bail in favour of applicant Nos. 2 to 5, learned counsel for the applicants seeks permission to withdraw present Application as it has rendered infructuous. Permission granted. Accordingly, present application is dismissed as infructuous in so far as applicant Nos. 2 to 5 are concerned.

[4] Mr. Surve, learned counsel submitted that, application for anticipatory bail filed on behalf of Applicant No.1 is rejected and he wish to file to fresh application for anticipatory bail before this court, by taking comprehensive ground and also to challenge the order passed by the learned Sessions Judge.

[5] In that view of the matter, the learned counsel for the applicants is permitted to withdraw the Application filed on behalf of Applicant No.1 Amol Yeshwant Gawali with liberty to file an application for anticipatory bail afresh before this court. With this Criminal Application is disposed of.

(V.M. DESHPANDE, J.)