Sangita Kailash Pacharne v. The State Of Maharashtra And Others

2024:BHC-AUG:661 11-ACB-234-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO. 234 OF 2023 Sangita Kailash Pacharne ... Applicant

VERSUS

The State Of Maharashtra And Others ... Respondents ......

Mr. A.N. Barhate Patil, Advocate for the Applicant Mr. S.B. Jadhav, APP for Respondent No.1 - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 15th JANUARY, 2024 ORDER :

1.

By this application, applicant/original complainant seeks cancellation of anticipatory bail granted to respondent Nos.2 to 7.

2.

Respondent Nos.2 to 7 are accused in Crime No.388 of 2022, registered with Rahata Police Station for offences punishable under sections 324, 323, 504, 506, 143, 147, 148, 149, 326, 307 of the Indian Penal Code. Respondent Nos.2 to 7 were granted anticipatory bail by this Court by order dated 08.12.2022. This order was subject matter of challenge at the instance of applicant in Petitions for Special Leave to Appeal (Cri.) Nos.1498 and 1499/2023. The Apex Court dismissed Special Leave Petitions by order dated 31.01.2023.

11-ACB-234-23 3.

Applicant now has sought cancellation of anticipatory bail granted by this Court on the basis of N.C. report lodged by informant Someshwar Pacharne on 14.07.2023 for offence punishable under sections 323, 504, 506 of the Indian Penal Code.

4.

Learned advocate for applicant contends that respondent No.2 to 7 have violated condition No.8 imposed by this Court to the effect that, they shall not indulge in similar offence henceforth and shall not tamper prosecution evidence. 5.

Prima facie, it appears that only with a view to create a ground for cancellation of anticipatory bail, N.C. report is lodged by the informant Someshwar Pacharne. No case is made out for cancellation of anticipatory bail. Application being devoid of merits is rejected.

[ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane