← Library
Bombay High CourtAPPLN/6554/2014disposed off

Shivani Shaktinandan Babar v. The State Of Mah And ORS

2015-06-16Hon'Ble Shri Justice V.M. Deshpande2 pages

G.A.Ghule [P.A.] 1/2 cri.appln. 6554.14..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

Criminal Application No.6554 Of 2014.

Shivani Shaktinandan Babar.

Versus.

The State of Maharashtra & Ors.

Appearance => Mr. Mohit Deshmukh, Advocate h/for Mr. Santosh Chapal -gaonkar, Advocate for the Applicant.

Mrs. Pratibha Bharad, Additional Public Prosecutor for the State of Maharashtra.

Mr. Ashutosh Kulkarni, Advocate h/for Mr. A.N. Nagargoje, Advocate for Respondent Nos. 3,4,6 & 8.

[Application dismissed as against Non-Applicant No.7 as per order dated 31st October, 2012.]

CORAM

:

V.M. Deshpande, J.

DATE :

16th June, 2015.

Per Court :- This is an application filed under Section 439(2) of the Code of Criminal Procedure for cancellation of anticipatory bail granted by the learned Sessions Judge, Beed on 7th August, 2012 in Cri. M.A.No.437/12 in respect of R.C.C. No.174/12. [2] Private complaint was filed by the present Applicant in the court of the Chief Judicial Magistrate, Beed. It was registered as R.C.C. No.174/12. The learned Magistrate vide order dated 16th March, 2012 has issued process against the Non-Applicant Nos. 2 to 8

2/2 cri.appln. 6554.14..sxw for the offences punishable under Section/s 306, 328, 323, 504, 506 read with 34 of the Indian Penal Code.

[3] Being aggrieved by said order, firstly they approached before the learned Sessions Judge, Beed with prayer for grant of anticipatory bail. The learned Sessions Judge, Beed found favour for them and granted anticipatory bail in their favour on 7th August, 2012, which is questioned by Applicant - Shivani Babar in present proceedings.

[4] It is also reported that thereafter present Non-Applicants filed Criminal Revision Application challenging the order of issuance of process. Both the learned counsel are unable to state the number of said Cri.Revn.Application. However both the counsel are in agreement that still said Revision is pending before the revisional court.

[5] In that view of the matter, no fruitful purpose can be achieved by cancelling the anticipatory bail, granted in the year 2012. In that view of the matter, I pass the following order :-

ORDER

Criminal Application is dismissed.

(V.M. DESHPANDE, J.)