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Bombay High CourtAPEAL/327/2021dismissed

Gajanan S/O Namdev Savant v. The State Of Maharashtra And Another

2021-09-28Hon'Ble Shri Justice V.K. Jadhav,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

911-CriAppeal-327-2021 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CRIMINAL APPEAL NO.327 OF 2021 GAJANAN S/O NAMDEV SAVANT

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ......

Advocate for Appellant : Mr. Gaware Niteen V. APP for Respondent-State : Mr. M. M. Nerlikar .....

CORAM : V. K. JADHAV AND SHRIKANT D. KULKARNI, JJ.

DATED : 28th SEPTEMBER, 2021 PER COURT:- 1.

The appellant herein has initially preferred an appeal bearing Criminal Appeal No. 30 of 2021 against rejection of his application before the Special Court seeking pre-arrest bail. By order dated 16.02.2021, this Court (Coram : Ravindra V. Ghuge & B. U. Debadwar, JJ.) has disposed off the said appeal as withdrawn. Further, no liberty was granted to the appellant to file an application for pre-arrest bail after filing of the charge-sheet. 2.

The appellant has thereafter filed an application for prearrest bail after filing of the charge-sheet. Learned APP has pointed

911-CriAppeal-327-2021 -2out that the charge-sheet has been submitted against seven named accused persons and two/three unknown persons and so far as the present appellant is concerned, charge-sheet has been submitted against him under Section 299 of Cr.P.C.

3.

In fact there is no bar as such to file an application for prearrest bail after filing of the charge-sheet, however, after withdrawing the earlier appeal, learned counsel for the appellant has not pointed out any change in circumstance to entertain this appeal seeking anticipatory bail again. We are thus not inclined to entertain this appeal. Hence, the following order :

ORDER

The Appeal is hereby dismissed.

(SHRIKANT D. KULKARNI, J.) (V. K. JADHAV, J.) vre