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Bombay High CourtACB/43/2022dismissed

Dipali Mahesh Jadhav v. Harilal Ramsing Jadhav And Others

2022-12-15Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} acb43-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.43 OF 2022 Dipali Mahesh Jadhav APPLICANT

VERSUS

Harilal Ramsing Jadhav and Others RESPONDENTS .......

Mr. Sandeep C. Swami, Advocate for the applicant Mr. V. S. Badakh, APP for respondent - State Mr. Abhaysinh K. Bhosle, Advocate for respondents No.1 and 2 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15 th DECEMBER, 2022 ORDER :

1.

By this application, the applicant - informant in Crime No.472 of 2019 registered with Pundlik Nagar Police Station, Aurangabad seeks cancellation of anticipatory bail granted to respondents No.1 and 2 by this Court, vide order dated 25th June, 2020 on the ground of violation of conditions imposed on respondents No.1 and 2.

2.

It is the contention of the applicant that respondents No.1 and 2 have violated condition, "not to tamper or influence prosecution witnesses" as the respondents have called the informant on 1st February, 2022 and threatened her to withdraw all the cases lodged by her against them and to give divorce. On the same day, accused No. 4 and 5 came to the house of the

{2} acb43-22 informant at 8.00 p.m. and started beating her parents and gave threats that all the cases lodged against the accused persons be withdrawn and divorce be given.

3.

Heard learned advocate for the applicant, learned Additional Public Prosecutor and the learned advocate for respondents No.1 and 2.

4.

For the alleged violation of the condition in respect of incident occurred on 1st February, 2022, the applicant has lodged a private complaint bearing RCC No. 30 of 2022, which is subjudice in the Court of learned Judicial Magistrate First Class, Kandhar.

5.

In the present crime, charge sheet is filed on 19th October, 2020 and the case is numbered as RCC No. 1992 of 2020. The case is committed to the Court of Sessions and is at the stage of framing of charge.

6.

In the light of the aforesaid circumstances, this Court is of the opinion that, no case is made out by the applicant for cancellation of bail. The application, being devoid of merits, is dismissed.

[NITIN B. SURYAWANSHI] JUDGE drp/acb43-22