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Bombay High CourtABA/133/2020dismissed

Siddharth Tejrao Shirsat v. State Of Mah., Thr. P.S.O. P.S. Khadan, Akola, Tal. And Dist. Akola

2020-03-04Hon'Ble Shri Justice Rohit Baban Deo2 pages

aba133.20.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.133 OF 2020 (Siddharth s/o Tejrao Shirsat Vs. State of Maharashtra thr. PSO PS Khadan, Akola, Tq. & Dist. Akola) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri A.S. Londhe, Advocate for Applicant.

Shri M.J. Khan, APP for Non-Applicant/State.

CORAM: ROHIT B. DEO, J.

DATE: 4 th MARCH, 2020.

This application is an abuse of the process of law. 2] The applicant approached this Court earlier in Criminal Application (ABA) 860/2019 and when this Court was about to dismiss the application, the application came to be withdrawn and it was stated that the applicant shall surrender to the law. The order dated 16.12.2019 reads thus:

Heard Mr. Dipwani, learned counsel h/f Mr. Anandani, learned counsel for the applicant and Mr. Pathan, learned Additional Public Prosecutor for non-applicant-State.

Applicant approaches to this Court in its jurisdiction under Section 438 of the Code of Criminal Procedure for pre-arrest bail, after rejection of his pre-arrest bail application at the hands of the learned Additional Sessions Judge, Akola.

aba133.20.O.odt Perused the first information report. A specific role is attributed to the present applicant in respect of strangulation.

Therefore, when the Court did not show its any inclination to grant any relief, Mr. Dipwani, learned counsel for the applicant submitted that he be permitted to withdraw the application to enable the applicant to surrender to the law.

Statement is accepted.

In view of the aforesaid statement, the application is disposed of as withdrawn.

3] This application is dismissed with costs of Rs.5000/- to be deposited with the High Court Legal Aid Services Sub-Committee, Nagpur.

4] The registry shall ensure that copy of this order is forwarded to the jurisdictional Court.

5] The application for regular bail, if preferred, shall be considered only if the cost is deposited. JUDGE NSN