State Of Maharashtra, Through Crime Branch, Nagpur v. Smt. Sarita W/O Suresh Joshi And 3 Others

appln126of14.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPLN) 126 OF 2014 (The State, thr Crime Branch Civil Lines, Nagpur..vs..Smt. Sarita w/o.Suresh Joshi & ors) --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri T.A. Mirza, APP for applicant.

Shri A.K. Choube, counsel for non-applicants. CORAM: ROHIT B. DEO, J.

DATE: 3 rd July, 2018.

Heard.

The State is seeking cancellation of anticipatory bail granted to the non-applicants on 4.9.2014 in Crime 176 of 2014 registered for offence punishable under section 406, 420 read with section 34 of the Indian Penal Code and section 3 of the Maharashtra Protection of Interest of Depositors Act. The learned Sessions Judge has given sound reasons for granting anticipatory bail. It is well settled that the parameters for cancellation of bail and rejection of bail at the initial stage are entirely different. This Court would be slow to cancel the bail granted by the Sessions Judge unless it is demonstrated that the discretion is exercised perversely.

In any event, the order is in operation since last four years and it is not even the case of the prosecution that the non-applicants have misused the liberty.

The application is without substance and is rejected.

JUDGE RSB