← Library
Bombay High CourtAPPLN/3309/2015disposed off

Pradeep S/O Bhausaheb Kalhapure And ORS v. The State Of Maharashtra

2015-06-26Hon'Ble Shri Justice V.M. Deshpande2 pages

G.A.Ghule [P.A.] 1/2 cri.appln. 3309.15..sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 3309 OF 2015.

PRADEEP S/O BHAUSAHEB KALHAPURE AND ORS

VERSUS

THE STATE OF MAHARASHTRA Appearance => Mr. Niteen V. Gaware, Advocate for the Applicant. Mrs. Pratibha Bharad, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

26th June, 2015.

Per Court :- Present Criminal Application is filed by the Applicants for grant of anticipatory bail, since they are apprehending their arrest in connection with CR No. I 88/2015 registered with Police Station, Rahuri, District - Ahmednagar for the offences punishable under Section/s 379 read with 34 of the Indian Penal Code and under Section/s 3 read with 15 of the Environment Protection Act, 1986.

[2] Heard Mr. Niteen V. Gaware, learned counsel for the Applicants and Mrs. Pratibha Bharad, learned Additional Public Prosecutor for the State of Maharashtra.

[3] Offences registered against the present Applicants are serious one. It appears that due to mis deed of the present Applicants, environment

2/2 cri.appln. 3309.15..sxw is seriously dent with. Further before approaching this Court, Application was moved for grant of anticipatory bail before the court below. The learned Judge of the court below on 19th March, 2015 was pleased to grant the interim protection in favour of the present applicants by imposing conditions that the Applicants shall attend Police Station, Rahuri, District - Ahmednagar on every Tuesday and Saturday between 10.00 a.m to 1.00 p.m. and co-operate with investigation and not to tamper with the prosecution evidence.

[4] Inspite of such specific directions dated 19th March, 2015 given by the learned Additional Sessions Judge, Ahmednagar in Cri.M.A. No.341/15 neither of the Applicants remained present before the Investigating Officer; nor they extended any co operation. [5] The Applicants have taken the benefit of the interim order passed by the court below on 19th March, 2015 and when turn was of theirs to comply with directions given by the court below, they had shown scant respect and arrogance to the court of law. Hence, they are not entitled for any discretionary relief. That leads me to pass the following order :-

ORDER

Criminal Application is rejected.

(V.M. DESHPANDE, J.)