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Bombay High CourtAPPLN/1240/2016disposed off

The State Of Maharashtra v. Pravin Surendersing Monga And Other

2016-06-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 Cr. Appln. 1240/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1240 OF 2016 The State of Maharashtra .. Applicant Vs.

Pravin Surendersing Monga and others .. Respondents ---- Mr. S.D. Ghayal, A.P.P. for the applicant /State Mr. D.P. Palodkar, Advocate and Mr. R.A. Jaiswal, Advocate for assisting the A.P.P.

---- CORAM : N.W. SAMBRE, J.

DATE : 06/06/2016 ORAL ORDER :

Heard Mr. Ghayal, learned A.P.P. for the applicant/State assisted by Mr. Palodkar, learned counsel and Mr. Jaiswal, learned counsel assisting the A.P.P.

2.

Perused the application preferred by the State seeking cancellation of bail in crime no. 1 of 2016 registered with Police Station City Chowk, Dist. Aurnagabad for the offences punishable under section 420, 406, 464, 467, 468, 471, 474, 476, 107 r/w. 34 of the Indian Penal Code.

2 Cr. Appln. 1240/2016 3.

Learned A.P.P. strongly urged that bail granted to the respondents/original accused needs to be cancelled, as the facts and circumstances in which the bail is granted, are required to be re-appreciated on merit.

4.

It is not in dispute that Regular Civil Suit bearing no. 260 of 2015 is pending on the file of Civil Judge Senior Division, Aurangabad between the complainant and the accused persons. Apart from above, the fact remains that the document alleged is claimed to be based on certain admission. In view thereof, in my opinion, no case for cancellation of bail granted to the respondents/original accused is made out.

5.

The Application is therefore rejected.

[N.W. SAMBRE] JUDGE arp/