Vicky S/O Suresh Tolani v. Prashant @ Baban S/O Sudesh Relan And ANR

criap1631.16 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1631 OF 2016 IN CRIMINAL APPLICATION NO. 1699 OF 2015 Vicky s/o Suresh Tolani ..APPLICANT

VERSUS

Prashant @ Baban s/o Sudesh Relan & anr.

..RESPONDENTS Mr Ram B. Deshpande, Advocate for applicant;

Mr P. S. Paranjape, Advocate for respondent No. 1; Ms R. P. Gaur, Addl. Public Prosecutor for respondent No. 2 CORAM : N.W. SAMBRE, J.

DATE : 4th July, 2016 ORAL ORDER :

This Court had granted regular bail to the respondent No. 1 - accused on 18th April, 2015, of which cancellation is sought based on complaint dated 19th December, 2015, submitted to the Superintendent of Police, Dhule and Non-Cognizable offence Nos. 415 of 2015, 435 of 2015 and 614 of 2015, registered with City Police Station, Dhule. 2.

In my opinion, the complaint and the Non-Cognizable offences, as are registered, will hardly be of any assistance to proceed with the cancellation of bail, when appropriate remedy qua Non-Cognizable offence and complaint taking cognizance by the Superintendent of Police, could be

criap1631.16 (2) dealt with, in accordance with law, appropriately in separate proceedings. 3.

In the above background, no case for cancellation of bail is made out. Criminal Application fails and stands rejected. 4.

The chapter proceedings, as are brought to my notice, are in relation to the incident prior to release of the respondent No. 1- accused on bail, which will hardly of any assistance and this would not lead to the applicant to approach for cancellation of bail, in case, if there is substantial offences noticed against respondent No. 1 - accused violating the conditions of bail.

5.

Profession fees payable to Shri Deshpande, learned Counsel is quantified as per rules.

(N.W. SAMBRE, J.) sjk