Xyz v. The State Of Maharashtra And Another

943-acb-47-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.47 OF 2023 XYZ

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Bodkhe h/f Mr. S. B. Solanke APP for Respondent: Mr. S. P. Deshmukh ....

CORAM : S. G. MEHARE, J.

DATE : 05.04.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondents/State.

2.

The applicant is seeking cancellation of bail granted to the respondent No.2 only on the ground that the ofence is serious and registered under the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities Act) 1989.

3.

It appears that it was a case of love afair. The victim was more than 17 years at the time of the incident. Before dealing with the bail application she was heard and her contention was also considered. The order granting bail appears well reasoned. The material before the Court was considered.

943-acb-47-23.odt 4.

There appears no overwhelming circumstances to cancel the bail. The order granting bail is free from perversity and arbitrariness. Therefore, the applicant has no good case for cancellation of bail granted to respondent No.2. 4.

For the above reasons, the application stands dismissed without notice to the respondents.

( S. G. MEHARE ) JUDGE ysk