Bombay High CourtAPPLN/77/2015dismissed

Haldiram Foods International Private Ltd. Nagpur, Thr. Its Director Shri. Srinivas S/O Sambasiva Ra v. The State Of Maharashtra, Through P.S.O. P.S. Kalmana, Nagpur And Others

2016-04-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 appln77.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPLN) NO.77/2015 Haldiram Foods International Private Limited, through its Director ..Versus..

The State of Maharashtra, through Police Station Officer, Police Station, Kalmana, Nagpur - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 20.4.2016 Heard Shri R.M. Daga, advocate for the applicant, Shri R.S. Nayak, A.P.P. for the non-applicant No.1 and Shri Dara Singh J. Sindhu, advocate for the non-applicant Nos. 2 to 8.

The applicant has approached this Court under Section 439(2) of the Code of Criminal Procedure praying that the order passed by the Sessions Court granting pre-arrest bail to the non-applicant Nos.2 to 8 be set aside and the pre-arrest bail granted to the non-applicant Nos.2 to 8 be cancelled.

According to the applicant, apart from the fact that the learned Additional Sessions Judge has not considered the relevant aspects, one of the consideration which weighed with the learned Additional Sessions Judge was that the non-applicant Nos.2 to 8 had admitted the liability to pay amount of Rs.3 Crores to the applicant and had shown their intention to repay the amount, however,

2 appln77.15 according to the applicant, the amount is not yet repaid. The learned advocate for the non-applicant Nos.2 to 8 disputes the above contention. It is further submitted that the investigation agency has filed report under Section 173 of the Code of Criminal Procedure pointing out that no offence is made out.

Considering the facts on the record, I am not inclined to consider the prayer made in the present application. The application is dismissed.

JUDGE Tambaskar.