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Bombay High CourtACB/76/2022dismissed

Ravindra Kalyan Sapkal v. The State Of Maharashtra And Another

2023-07-24Hon'Ble Shri Justice R. M. Joshi2 pages

58-ACB-75-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.75 OF 2022 WITH ACB/76/2022 RAVINDRA KALYAN SAPKAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. P. S. Dikle h/f Mr. A. L. Kanade APP for Respondents: Mr. V. S. Badakh Advocate for Respondent No. 2 : Mr. A. R. Hange ...

CORAM:R.M. JOSHI, J DATE :JULY 24, 2023 PER COURT :

1.

Heard Counsels for both sides.

2.

Learned Counsel for the Applicant states that the anticipatory bail was granted without considering the seriousness of the offence and allegations against Respondents.

3.

Learned Counsel for Respondent No. 2 states that the charge-sheet is filed long back and charge is also framed against accused.

4.

It is settled law that bail granted cannot be recalled casually unless extraordinary circumstances are shown. After the conclusion of investigation

58-ACB-75-2022.odt charge-sheet was filed and charge is also framed against accused. Respondent No. 2 cannot be sent behind bars by way of pretrial sentence. Since the custody of the Respondent No. 2 is no more required in this crime, there is no propriety in interfering the order of grant of anticipatory bail.

5.

In view of above, applications are dismissed. (R.M. JOSHI, J.) Malani