Ritesh Ramdas Deshmukh And Another v. State Of Mha. Thr. Pso Daryapur Dist.Amravati And Another

(1) 32.cri.appeal.148.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPEAL NO.148 OF 2022 Ritesh Ramdas Deshmukh and another Vs.

State of Maharashtra, Through Police Station Officer, Daryapur, Dist. Amravati and another ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. S. Patil, Advocate for appellants.

Mrs. M. H. Deshmukh, APP for respondent no.1. Mr. Sunil S. Shinde, Advocate for respondent no.2. CORAM :

AVINASH G. GHAROTE, J.

DATE : 14/06/2022 Heard Mr Patil, learned counsel for the appellants, Mrs. Deshmukh, learned APP for respondent no.1/State and Mr. Sunil Shinde, learned counsel for the respondent no.2.

By an order dated 15.3.2022 this Court finding a prima facie case in favour of the appellants had granted ad-interim protection and directed release of the appellants on bail on furnishing P.R. Bond of Rs.15,000/- with solvent surety of equal amount, each in the event of the arrest of the appellants. This interim protection has been continued from time to time. Today, learned counsel for the appellants makes a statement that the charge-sheet has already been filed on 02.05.2022, considering which, learned APP for respondent no.1/State submits that there remains nothing to be

(2) 32.cri.appeal.148.2022 investigated. Though Mr. Shinde, learned counsel for the respondent no.2 opposes the grant of the application, submitting that mere filing of the charge-sheet, would not entail the grant of bail, however, considering that the earlier order dated 15.3.2022 passed by this Court grants ad-interim protection to the appellants. I do not see any reason not to continue the same for a period of four weeks further, by which time, the appellants may move the learned trial Court with an appropriate application under Section 439 of Cr.P.C. which shall be decided on its own merits.

The appeal is accordingly allowed in the terms above.

JUDGE Sarkate SARKATE