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Bombay High CourtABA/15/2017dismissed

Laxmi W/O. Vishwanath Deshmukh v. State Of Maharashtra Thr. P.S.O. Kardha (Bhandara Rural) Dist. Bhandara

2017-06-13Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba15.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.(ABA) NO.15/2017 Laxmi W/o Vishwanath Deshmukh ..Vs..

State of Maharashtra, through P.S.O. Kardha (Bhandara Rural), Distt. Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.S. Motwani, Adv. for the applicant.

Shri M.J. Khan, A.P.P. for the respondent / State. CORAM : Z.A.HAQ, J.

DATE : 13.6.2017.

The learned Advocate for the applicant seeks permission to withdraw the application. It is dismissed accordingly.

During the course of consideration of this application, Shri M.J. Khan, learned A.P.P. has pointed out that co-accused Manisha Krishnakant Deshmukh who was Director of the Society at the relevant time is granted pre-arrest bail by the Sessions Court by order passed on 3rd February, 2017. The learned A.P.P. has produced copy of the order also.

I have seen the order. The learned Additional Sessions Judge has overlooked the relevant aspects and has granted pre-arrest bail to this accused (Manisha Krishnakant Deshmukh) without recording any reasons. The accusations against the Directors of the society are of misappropriation of huge amount of Rs.7 to 8 Crores and

2 aba15.17 7 to 8 kilogram of gold.

In the above facts, I feel it necessary to issue notice to Manisha Krishnakant Deshmukh R/o Ambedkar Chowk Parisar Silli, Tq. Bhandara, Distt. Bhandara - 441904 to show cause why this Court should not exercise jurisdiction under Section 482 of the Code of Criminal Procedure and why the pre-arrest bail granted to her by order passed by Additional Sessions Judge, Bhandara on 3rd February, 2017 in Crime No.113/2016 registered by Kardha police station against her should not be cancelled.

The noticee shall file reply till 2nd August, 2017.

The matter be placed before Court for further consideration on 21st August, 2017.

The Registry shall register the proceedings separately.

JUDGE Tambaskar.