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Bombay High CourtAPPLN/6786/2015disposed off

Kakasaheb S/O Laxman Ambhore v. The State Of Maharashtra And ANR.

2016-01-12Hon'Ble Shri Justice Nitin W. Sambre2 pages

criapln6786.15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6786 OF 2015 KAKASAHEB S/O LAXMAN AMBHOR

VERSUS

THE STATE OF MAHARASHTRA AN ...

Advocate for Applicant : A.S.Dhongade APP for Respondents: Mr.S.M.Ganacharya ...

CORAM : N.W.SAMBRE,J.

DATED : 12TH JANUARY,2016 PER COURT :- At the behest of the applicant Crime No.79/15 for offence punishable u/s 306, 498-A, 323, 504 r.w. 34 of IPC came to be registered on 5/11/2015 in the matter on death of daughter of applicant Archana.

2] In the said offence, non applicants were arrested and were released on bail by order dated 16/11/2015 passed by Additional Sessions Judge, Jalna in Criminal Miscellaneous Petition No.1021/15.

3] The learned counsel for the applicant/complainant while trying

criapln6786.15 -2to make out case u/s 439(2) of Cr.P.C. for cancellation of bail would urge that after the bail was granted, non applicants accused have tried to jump the same. So as to substantiate his contention, he has invited my attention to the threat given by one of the accused viz. Devidas resulting into registration of N.C.No.265/15 on 26/11/2015. He would then urge that looking to the conduct of the non-applicants in the matter on death of Archana and the registration of N.C. Impugned order be quashed and set aside.

4] Learned APP assisted the Court and submitted that the Court may pass appropriate order.

5] It is to be noted that the N.C. came be registered against one Devidas and not all the accused. Apart from above, accused persons were arrested and were released on regular bail on certain terms and conditions. In view of above, the case as is sought to be canvassed for cancellation of bail, in my opinion, does not call for any consideration. Application as such stands rejected. (N.W.SAMBRE,J.) umg/