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Bombay High CourtAPPLN/54/2017rejected

State Of Maharashtra Thr. Police Station Officer City Kotwali Amravati v. Nilesh Ashokrao Athawale

2018-06-18Hon'Ble Shri Justice Rohit Baban Deo2 pages

appln54.17.O.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION ( APPLN ) NO.

OF 2017 (State of Maharashtra thr. PSO PS City Kotwali, Amravati Vs. Nilesh Ashokrao Athawale) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri N.B. Jawade, APP for Applicant.

CORAM: ROHIT B. DEO , J.

DATE: 1 8 th JUNE , 201 8 .

1] Although the non-applicant is not served since notice on the correct address supplied by the State is yet to be issued, I have heard the learned A.P.P. Shri N.B. Jawade on merits.

2] The contention of the prosecution is that one of the witnesses namely Sadik Shah lodged the report that on 19.07.2017 he was threatened by the non-applicant. The report is treated as non-cognizable and it is not the case of the prosecution that there is any investigation done to ascertain the veracity of the report.

3] Shri Jawade fairly states that the trial has commenced and two witnesses including the complainant are examined.

4] I do not see any justification for cancellation of

appln54.17.O.odt 2 the bail granted.

5] The application is rejected.

JUDGE NSN