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Bombay High CourtABA/213/2019rejected

Rajesh Sakharam Bande v. The State Of Mah, Thr. Sp.O. P.S. Shirpur, Tahsil Malegaon, Distt. Washim

2019-04-10Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

aba213.19 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.213/2019 Rajesh s/o Sakharam Bande ..vs..

The State of Mah., thr. PSO, PS Shirpur, Tahsil Malegaon, District Washim ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri R.S.Kurekar, Counsel for the Applicant.

Shri H.D.Dubey, Addl.P.P. for State.

CORAM

: M.G.GIRATKAR, J.

DATED : APRIL 10, 2019.

1.

Heard.

2.

Learned counsel Shri R.S.Kurekar for the applicant submits that name of the present applicant is not mentioned in F.I.R.. Other accused persons viz. Ganesh and Vijay are protected by this Court and, therefore, he prays that the application for grant of anticipatory bail be allowed in favour of the present applicant.

3.

Learned Additional Public Prosecutor Shri H.D.Dubey for the State strongly objects the present application.

4.

Perusal of order passed by learned Additional Sessions Judge at Washim shows learned Judge below specifically observed that other accused persons viz. Ganesh and other are protected by this Court and nothing has to be recovered from them. Whereas, the present applicant was having weapon. Ass per say of Investigating Officer, weapon .....2/-

aba213.19 4 has to be seized at the hands of the applicant. 5.

In that view of the matter, the present applicant cannot claim parity with other accused persons who are already granted anticipatory bail by this Court. 6.

Hence, the criminal application is rejected and disposed of accordingly.

JUDGE !! BRW !!

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