Ibc Impex Pvt. Ltd. Thr. Managing Director Nandkishor S/O. Gopichand Dandare v. State Of Maharashtra Thr. The Police Station Officer, Police Station Sadar Nagpur And Another

appln47.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPLN) NO.47 OF 2017 (IBC Impex Pvt. Ltd. Vs. State of Maharashtra thr. PSO PS Sadar, Nagpur and another) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

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

Shri N.B. Jawade, APP for Non-Applicant No.1/State. Shri D.S. Jagyasi, Advocate for Non-Applicant No.2. CORAM: ROHIT B. DEO, J.

DATE: 26 th JULY, 2018.

This is an application under section 439(2) of the Code of Criminal Procedure for cancellation of regular bail granted by the learned District Judge-15 and Additional Sessions Judge, Nagpur to non-applicant 1 in Crime 2/2014 for offence punishable under sections 403, 406, 415, 420, 467, 468 and 471 read with section 120-B of the Indian Penal Code. I have perused the order of the learned Sessions, and having done so I find that the order is unexceptionable. The report appears to be fall out a civil dispute, i.e. alleged non-payment of the costs of 12 vehicles purchased by Shree Maa Logistic of which non-applicant 2 is allegedly a partner.

2] The exercise of discretion is neither arbitrary nor capricious. No case is made out for cancellation of bail, which in any event would be done by this Court only in

appln47.17.O.odt 2 exceptional circumstances since it is not even the case of the applicant that the liberty is misused.

3] The application is rejected.

JUDGE NSN