The State Of Maharashtra v. Arjun Baburao Bighot

2024:BHC-AUG:5324 {1} 943-ACB-114-2021

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO. 114 OF 2021 The State Of Maharashtra ....Applicant

VERSUS

Arjun Baburao Bighot .....Respondent .....

Mr. A.R. Kale, APP for applicant.

Mr. R.V. Gore, Advocate for respondent.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 08 th MARCH, 2024 ORDER :

1.

By this application filed under section 439(2) and 482 of Cr.P.C., State seeks cancellation of anticipatory bail granted to respondent in C.R. No. 68/2021, registered with Chikalthana Police Station, Aurangabad, for offences punishable under sections 420, 120-B read with 34 of the Indian Penal Code, under section 7 of the Universities Examination Act and section 66(D) of the Information Technology Act. 2.

Cancellation of bail is sought on the ground that after accused was released on anticipatory bail in the present crime, one more offence is registered against him.

3.

Heard learned APP for applicant-State and learned Bhagyawant Punde

{2} 943-ACB-114-2021 advocate for respondent. Perused the papers.

4.

It is a matter of record that C.R. No. 49/2022, is registered against accused with Shivajinagar Police Station, Dist. Beed, for offences punishable under sections 419, 420, 511 r/w. 34 of Indian Penal Code. Accused is released on regular bail in the said matter.

5.

Perusal of record shows that while releasing accused on anticipatory bail, Sessions Court has observed that, "applicant was not present during examination in the premises of examination center. Prima facie there is no material of cheating. Therefore, taking into consideration punishment prescribed for the alleged offence of malpractices and other accused are released on bail, applicant may be released in the event of his arrest by police in connection with this crime." 6.

In the present crime, investigation is complete and charge sheet is filed and case is numbered as Regular Criminal Case No. 1076/2022. No overwhelming circumstances are made out by State to cancel the bail granted to accused. Application being devoid of merit is rejected.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde