Sau. Renuka W/O Jitendra Kamble v. Kapil S/O Shankar Upadhe And ORS

Cri.Appln.5676/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5676 OF 2015 Sau. Renuka w/o Jitendra Kamble ..Applicant

Versus

Kapil s/o Shankar Upadhe and ors.

..Respondents Mr R.B. Ade, Advocate for applicant Mr S.Y. Mahajan, A.P.P. for respondent No.9 CORAM : N.W. SAMBRE, J.

DATE : 12th January 2016 PER COURT Heard.

2.

This is an application for cancellation of bail moved under Section 482 (2) of the Cr.P.C. Learned Sessions Court granted prearrest bail to the respondents No.1 to 8 by order dated 13th July 2015 passed below Exh.1 in Misc. Cri. Application No.419 of 2015 3.

Learned Counsel for the applicant would urge that the bail granted to the respondents deserves to be cancelled in view of bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, as there was prima facie case available against the respondents No.1 to 8.

4.

Learned A.P.P. supported the application and submits that the Court may pass appropriate order.

Cri.Appln.5676/2015 5.

Upon perusal of the order dated 13th July 2015 passed by learned Additional Sessions Judge-4, Nanded, it is noticed that the accused has lodged complaint against the present applicant in the matter of corruption in Gram Panchayat, as applicant is office bearer of Gram Panchayat. The Court noticed that in view thereof, false implication cannot be ruled out.

6.

Apart from above, there are no allegations either by the complainant or the respondents have not jumped the conditions imposed. As such, applications fails, stands rejected. ( N.W. SAMBRE, J.) (vvr/