Sudhakar S/O. Damodar Ambekar v. Sunil S/O. Baburao Waghalkar And Others

{1} acb149-19.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.149 OF 2019 Sudhakar Damodar Ambekar APPLICANT

VERSUS

Sunil Baburao Waghalkar and Others RESPONDENTS .......

Mr. Anand D. Kaware, Advocate for the applicant Mrs. R. P. Gour, APP for respondent - State Mr. Irfan D. Maniyar, Advocate for respondent No.2 Mr. A. S. Lomte, Advocate for respondents No.1 and 3 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10 th FEBRUARY, 2023 ORDER :

1.

By this application, filed under section 439 (2) of the Criminal Procedure Code, the applicant seeks cancellation of anticipatory bail granted in Crime No.335 of 2019 registered with Ambajogai City Police Station, Ambajogai for offence punishable under sections 420, 467, 468, 471 read with 34 of the Indian Penal Code in favour of respondents No.1 to 3, by the learned Additional Sessions Judge, Ambajogai by order dated 23rd August, 2019 passed in Criminal Bail Application No. 329 of 2019.

2.

Heard learned advocate for the applicant, learned

{2} acb149-19.doc advocates for respondents No. 1 to 3 and the learned Additional Public Prosecutor for the State. Perused the papers of investigation.

3.

It is transpired during the course of hearing that charge sheet is fled in the present crime on 22nd July, 2021 and the case is numbered as RCC No.216 of 2021.

4.

Learned advocate for respondents No.1 and 3 submits that civil suit pending between the parties, is already compromised. 5.

Learned advocate for the applicant confirms the fact that compromise talks are going on between the parties. 6.

Be that as it may, in view of filing of the charge sheet and compromise arrived at between the parties in the civil suit, it is not desirable to cancel anticipatory bail granted in favour of respondent - accused, at this stage.

7.

The application is, therefore, rejected.

[NITIN B. SURYAWANSHI] JUDGE drp/acb149-19.doc