Subhash Bhimrao Kadam v. The State Of Maharashtra And Another

32-ABA.371.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.371 OF 2023 SUBHASH BHIMRAO KADAM

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ---- Mr.S.R.Andhale, Advocate for applicant Mr.K.N.Lokhande, Advocate for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : MARCH 28, 2023 ORDER :- Heard.

2.

After hearing learned counsel for the applicant for a while and after going through the FIR and related papers placed on record by learned APP, it was found that the applicant was really involved in commission of theft of electricity worth Rs.51 Lakhs. It was also found that the electricity meter was also tampered. Section 138 of the Electricity Act was not invoked only with a view that it is not compoundable offence. For all above reasons, this Court was not inclined to allow the application. Yesterday, learned counsel had made a statement that the applicant would deposit Rs.7 Lakhs towards the costs of the alleged theft of electricity. Today, learned counsel for the

32-ABA.371.2023 applicant, on instructions, goes back of his statement and seeks withdrawal of the application.

3.

In view of the above, the application is dismissed as withdrawn.

[R.G. AVACHAT, J.] KBP