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Bombay High CourtABA/630/2021disposed off

Vijay Angad Katale v. The State Of Maharashtra

2021-07-16Hon'Ble Shri Justice Sandeep K. Shinde2 pages

901- A.B.A.630-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 ANTICIPATORY BAIL APPLICATION NO.630 OF 2021 VIJAY ANGAD KATALE .. APPLICANT

VERSUS

THE STATE OF MAHARASHTRA ..RESPONDENT ...

Advocate for Applicant : Mr. S.S. Shinde APP for Respondent: Mrs. V. S. Chaudhary ....

CORAM :SANDEEP K. SHINDE, J.

DATE : 16.07.2021 PER COURT :- Heard learned counsel for applicant and learned A.P.P. for State.

2.

Prima facie material on record suggests that applicant being member of an unlawful assembly, shared common object while the assault was mounted on Balaji, in the incident dated 28th August, 2019. Balaji sufered two fracture injuries. Be that as it may, since 2019, applicant was successfully avoiding the process of law. Investigation in this case is over and charge sheet has been fled. Applicant has been shown absconded accused in the report under Section 299 of the Code of Criminal Procedure. In consideration of

901- A.B.A.630-2021.odt this facts and in view of the law laid down by the Apex Court in the case of State of Madhya Pradesh Vs. Pradeep Sharma AIR 2014, Supreme Court 626, applicant is not entitled to pre-arrest protection. Application is rejected. ( SANDEEP K. SHINDE ) JUDGE ysk