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Bombay High CourtAPEAL/405/2018others disposed off

Vitthalrao Lalasaheb Mane-Deshmukh And ANR v. The State Of Maharashtar And ANR

2018-04-23Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

13-APEAL.405.2018.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 405 OF 2018 Vitthalrao Lalasaheb Mane- } Deshmukh and Anr.

} Appellants versus The State of Maharashtra } and Ors.

} Respondents Mr. Rahul S. Kate i/b. Mr. Vaibhav Jathar for the appellants.

Ms. M. H. Mhatre-APP for State.

CORAM :- S. C. DHARMADHIKARI & PRAKASH. D. NAIK, JJ.

DATED :- APRIL 23, 2018 P.C. :- 1.

Appellant nos. 1 and 2 are senior citizens. Appellant no. 2 is a lady.

2.

After expressing our prima facie opinion that we are not inclined to grant the anticipatory bail, on instructions, Mr. Kate learned advocate appearing for the appellants makes a statement that the appellants would surrender before the concerned investigating officer on 2nd May, 2018. In the event they surrender and thereafter seek regular bail, we have no doubt in our mind that considering their age and particularly that the J.V.Salunke,PA

13-APEAL.405.2018.doc appellant no. 2 is a woman accused, the concerned Criminal Court will pass an appropriate order so as to balance both, the presumption of innocence insofar as the appellants are concerned and their availability for the trial of the case. The trial court shall also expedite the trial and endeavor to conclude it earlier. 3.

With the aforesaid directions, the appeal is disposed of. (PRAKASH.D.NAIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA