Bombay High CourtABA/277/2016dismissed

Chandrashekhar S/O Baliramji Hadke And Another v. State Of Maharashtra, Thr. P.S.O. Of P.S. Badnera, Amravati

2017-06-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba277.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 277 OF 2016 (CHANDRASHEKHAR BALIRAMJI HADKE & ANR....VS.. STATE OF MAH. THR. PSO PS BADNERA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Akash B. Moon, Advocate for applicants.

Shri V.A.Thakare, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 05, 2017.

Heard.

This application filed by the applicant under Section 438 of the Code of Criminal Procedure seeking prearrest bail in the crime registered against him for the offences punishable under Sections 143, 147, 148, 149, 448, 354, 323, 506 of the Indian Penal Code is pending since April, 2016. This Court has granted interim order in favour of the applicant on 27th April, 2016.

The learned A.P.P. has submitted that the investigation is complete and the chargesheet is ready, however, it could not be filed as the applicants have filed Criminal Application (APL) No.326 of 2016 in which Division Bench of this Court has directed that coercive action should not be taken against the applicants. It is submitted that the application filed by the applicants under Section 482 of the Code of Criminal Procedure is pending.

As the applicants are already protected by the order passed by the Division of this Court, in my view, this application is not required to be entertained at this stage.

2 aba277.16 The application is dismissed with liberty to file fresh application, if contingency arises.

JUDGE RRaut..