The State Of Maharashtra v. Kamalakar Rajesaheb Zodge

{1} acb172-22.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.172 OF 2022 The State of Maharashtra APPLICANT

VERSUS

Amarnath Prabhakarappa Khurpe RESPONDENT WITH APPLICATION FOR CANCELLATION OF BAIL NO. 188 OF 2022 The State of Maharashtra APPLICANT

VERSUS

Kamalkar Rajesaheb Zodge RESPONDENT .......

Mr. V. S. Badakh, APP for the applicant - State Mr. Mahesh P. Kale, Advocate for respondents .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 20 th JANUARY, 2023 ORDER :

1.

These applications are filed under section 439 (2) of the Criminal Procedure Code by the State, seeking cancellation of anticipatory bail granted in favour of the respondents by learned Additional Sessions Judge, Majalgaon, District-Beed in Criminal

{2} acb172-22.doc Bail Applications No. 208 of 2022 and 207 of 2022 vide order dated 22nd June, 2022 in Crime No.142 of 2022 registered with Majalgaon City Police Station, District - Beed for offence punishable under section 384 read with 34 of the Indian Penal Code and under section 7 of the Maharashtra Education Institute (Prohibition of Capitation Fees) Act.

2.

Heard learned Additional Public Prosecutor for the State and the learned advocate for the respondents. Perused the investigation papers.

3.

Considering the allegations made in the FIR and after perusing the investigation papers, the Sessions Court has rightly granted anticipatory bail to the respondents. 4.

Apart from the above, charge sheet is filed in the present crime on 23rd December, 2022 and the case is numbered as RCC No. 282 of 2022.

5.

In view of the aforesaid facts anticipatory bail granted to the respondents is not liable to be cancelled. 6.

The applications are, therefore, dismissed.

[NITIN B. SURYAWANSHI] JUDGE drp/acb172-22.doc