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Bombay High CourtABA/107/2018rejected

Shri. Suresh S/O. Jawaharlal Katariya v. State Of Maharashtra Thr. Police Station Officer Police Station Akola And Another

2018-02-22Hon'Ble Shri Justice V.M. Deshpande2 pages

aba107.18 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.107/2018 Shri Suresh s/o Jawaharlal Katariya ..vs..

State of Mah., thr. PSO PS Dabaki Road, Akola and another ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri B.H. Tekam, Counsel for the applicant.

Shri Nitin Rao, Addl.P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : FEBRUARY 22, 2018.

1.

Heard learned counsel Shri B.H. Tekam for the applicant and learned Additional Public Prosecutor Shri Nitin Rao for the State. 2.

This is an application for grant of anticipatory bail. 3.

By moving the present application, the applicant is submitting that anticipatory bail be granted to him in order to appear before Khandwa Court which issued a Non-Bailable Warrant against him for securing his presence.

4.

The anticipatory bail is primarily prayed on following two reasons:

(i) the applicant is suffering from Heart Disease; and (ii) the applicant's wife is suffering from Cancer. 5.

The applicant has annexed documents on record to .....2/-

aba107.18 4 substantiate his claim that the applicant and his wife are suffering from medical problems.

6.

Insofar as the applicant is concerned, the documents filed on record are of the Year-2007 and one prescription of the Year-2016. Insofar as wife's ill-health is concerned, Annexure of this particular certificate shows that she was discharged from the hospital in the Year 2015. There is no recent document filed to point out the present health status of the applicant and his wife. It appears that the applicant was not attending the Court. Therefore, as a last resort the Non-Bailable Warrant was issued.

7.

No case is made out. The criminal application is rejected. JUDGE !! BRW !!

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