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Bombay High CourtCRMAM/188/2014disposed of

Mittu M. Mujawar v. The State Of Goa Through Police Inspector And ANR.,

2015-01-15U. V. Bakre2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION ( MAIN ) NO. 188, 189 and 190 OF 2014 Mittu M. Mujawar ...

Applicant

Versus

The State Of Goa Thr. Police Inspector And Anr., ...

Respondents Mr. Ryan Da Piedade Menezes, Advocate for the applicant. Mr. S. R. Rivankar, Public Prosecutor for respondent no.1. Coram:-U. V. BAKRE, J.

Date:- 15th January, 2015 P.C.:

Heard Mr. Menezes, learned Counsel for the applicant and Mr. Rivankar, learned Public Prosecutor for respondent no.1. 2.

There is no dispute that the prosecution has filed final report in the matter of F.I.R. No. 272 of 2012 thereby praying for grant of "C final summary", before the concerned Court. However, it appears that no orders are yet passed by the learned Children's Court on the same.

3.

Mr. Rivankar, learned Public Prosecutor states that if the said "C final Summary" report is allowed, the present applications would not survive.

4.

Mr. Menezes, learned Counsel for the applicants submits that the applicants would be contesting the said report for closure of

the case.

5.

In the circumstances above, Mr. Menezes, submits that at the most it would be appropriate if the applications are disposed with liberty to revive the present Misc. Applications upon disposal of the "C final Summary" report.

6.

Considering the above factors and taking into account the fact that much time has passed after the grant of anticipatory bail to the accused persons and there being further changes in the circumstances, I am of the view that the applicants can always file fresh applications for cancellation of bail, in case the "C Final Summary" is not granted.

7.

Accordingly, all the above applications are disposed of as dismissed with liberty to the applicant to file a fresh applications for cancellation of bail in case "C final Summary" report is not granted by the concerned Court.

8.

Applications stand disposed of accordingly.

U. V. BAKRE, J.

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