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Bombay High CourtACB/208/2023application allowed

Macchindra Ankush Kharad And Another v. The State Of Maharashtra And Another

2025-06-20Hon'Ble Shri Justice Advait Mahendra Sethna2 pages

2025:BHC-AUG:15562 - 1 - acb208.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO. 208 OF 2023 IN ABA/8/2023 Macchindra Ankush Kharad & another ....Applicants

VERSUS

The State of Maharashtra & another .....Respondents .....

Mr. S. B. Parnere, Advocate for Applicants.

Mr. R. S. Wani, APP for the State.

Mr. Shaikh Ashraf Patel, Advocate holding for Mr. A. P. Avhad, Advocate for Respondent No. 2.

CORAM : ADVAIT M. SETHNA, J.

DATE : 20 JUNE, 2025.

P. C. :

1.

Heard learned Advocates for the parties.

2.

Applicants have filed this Application for cancellation of bail of accused Nandu Kharad s/o Tulshiram Kharad. 3.

The learned Advocates for the parties appearing in this Application would agree that the issues arising are more or less similar to those in ACB No. 206/2023. The only factual difference being that as far as this Applicant is concerned, there are no criminal antecedents. Also the Court is not delving into the aspect of NCR

- 2 - acb208.23.odt filed or lodged on behalf of the Applicant against the said accused, with Paithan Police Station in these proceedings. 4.

Considering the above and the order passed in ACB No.206/2023, the following order would meet the ends of justice.

ORDER

i) The Application is Allowed in the above terms. ii) The Anticipatory Bail granted to accused Nandu Kharad s/o Tulshiram Kharad stands Cancelled. However, he is granted liberty for a period of 14 days from the date this order is uploaded to apply for bail afresh before the Sessions Court at Paithan. Only until such time the accused Nandu Kharad s/o Tulshiram Kharad shall not be arrested.

5.

The Sessions Court shall decide the Application for fresh bail as and when filed, as directed above, on its own merits and in accordance with law. All contentions of the parties are expressly kept open to be decided by the said Court.

6.

The Application is Disposed off in above terms. ( ADVAIT M. SETHNA) Judge dyb